I am about to get married, should I make a will?
Posted on 17 September 2012
You should make a will… but you need to make sure it will be valid once the ring is on your finger! This is because marriage automatically cancels any last will and testament unless that document specifies otherwise. Most wills do not specify otherwise.
This means that you will become intestate upon marriage and your estate will be divided according to the intestacy laws as administered by HMCS. The person with the first claim upon your property will be your new spouse or civil partner, followed by any biological or legally adopted children you have. The circumstances where this can present problems include a remarriage in later life, where you may want your possessions to go mainly to any biological children from an earlier marriage as opposed to your new spouse.
Whatever your marital circumstances, the only way to ensure that your possessions are divided according to your wishes in the event of your death is to have a valid last will and testament in place.