Q. I recently got married. When my wife and I first started living together, about seven years ago, we had Wills drawn up. Does our marriage alter the status of the Wills? If so, do we need to make new Wills?
A. The general rule is that marriage automatically invalidates any will made before the date of that marriage. This is because the law assumes that once you have married you would not want the terms of a previous will to apply as you now have new responsibilities to your spouse.
That said, a will made before marriage can remain effective if it contains a clause saying so (i.e. the clause would say that the will is made in contemplation of your forthcoming marriage and you intend the will to remain effective). As your will was made7 years before your marriage it is unlikely that it would contain such a clause here and therefore it would be advisable for you and your wife to make a new will asap.
I would hasten to add that DIY Will kits should be avoided at all costs since the consequences of writing the Wills incorrectly can be hideous! You should always be guided by an expert and therefore I recommend that you contact Chris Potts of Patterson, Glenton & Stracey Solicitors on 0191 456081.
Patterson, Glenton & Stracey Solicitors have provided legal advice to the people of South Tyneside for over 125 years. For details of their full range of services and to view previous Gazette articles please log on to www.pgslaw.co.uk.
