Have you Unknowingly Invalidated your Will?

Are you aware of some of the different ways in which your Will could be affected by a change in your circumstances, or vice versa? Have you Unknowingly Invalidated your Will?

A New Property Purchase

If you purchase a new property with another person, this may have implications if your locally arranged Will (see previous post (22/03/2023)) does not accurately reflect what happens to your share of that property after your lifetime. For example, your surviving co-owner may marry and/or cohabit with a third-party in your share of the property and this could potentially disinherit your children from your share of the property after your co-owner’s subsequent death. For instance, this could be due to them not having a valid locally arranged Will upon their death and their estate (including your share of the property) passing to their new spouse (or cohabitee) instead. Or, your co-owner favouring their own children over your children (if you do not share children together).

However, if you arrange a locally generated Will which is correctly worded, then you can ensure that after the lifetime of your surviving property co-owner, your share of the property is certain to pass to a beneficiary or beneficiaries of your choice.

Marriage

Did you know that marriage automatically revokes a Will?

If your intention is for all your assets to go to your new spouse, then this is fine. However, if you have children from a previous relationship for whom you also want to provide, then they can be accidentally disinherited by this issue. Everything of yours (or the majority for larger valued estates) passes firstly to your new spouse, and then to their loved ones upon their death either by their Will or according to the law if they have no Will.

Of course, your children could challenge this, but this is costly and time-consuming and offers no guarantee of success.

To prevent any of the above, it is best to review your existing Will with a local professional Will Writer, being suitably qualified and insured, before you get married. You can then express a contrary intention to the ‘automatic revocation’ of your Will upon your marriage.

Divorce

The good news is that an ex-spouse is treated as if they died when the divorce was finalised (decree absolute) and therefore cannot inherit from you. However, whilst they remain unmarried thereafter, they still have a right to contest your Will based on several opportunities for further financial redress legally afforded to them. Also, if you do wish for them to inherit from your estate or act as an Executor of your Will, then this shall fail within a Will which existed prior to your divorce. However, either problem can be solved by arranging a new locally generated Will.

Children

Your current Will may simply use the term “children” or refer specifically to them by their name(s).

If your Will states “children”, then this provides for any biological and/or adopted children only living at the date of your death. Other categories of children (such as stepchildren or children in-law) are automatically excluded from this category.

Also, if your current Will specifically names your children and you have had further children since your Will was created, then unless you approach a local Will Writer and update your Will, your further children shall be automatically excluded as beneficiaries. Again, they could challenge this, but this is costly and time-consuming and offers no guarantee of success.

Assets Abroad

If you own assets (e.g., property) abroad, then it is advisable to also arrange a Will in the country where your assets are owned. It is important to ensure that any foreign Will is restricted only to assets in that country.

If you write a UK local Will in 2019 and then use a Will Writer in Spain in 2022, if the 2022 Will is not restricted to assets only in Spain, then your 2019 UK Will would be revoked, and you would effectively be intestate in the UK and fully reliant upon a Spanish Will and Spanish law.

For further information WITHOUT fear of consultation fees of obligation, then please visit our Wills page .