-I Do! The Effect on your Will.

18th February 2014

So, freshly designed confetti is being made hurriedly, wedding planners are putting additional profiles and packages in their brochures, together with new flower arrangements and the works.

The wedding industry is getting ready to cash in on the recent change in law as soon as same sex marriages can be held in England & Wales. Summer 2014 cannot possibly be here soon enough! In all the giddiness and celebration however, we must also consider the legal issues at a time like this. There are some rather far reaching implications which are yet to be confirmed either way. The first question on the lips of many is this; does the Same Sex Marriage Bill now confer on spouses similar traditional and legal rights previously reserved only for heterosexual couples? For instance, in England and Wales, where either spouse made a will prior to marriage; the law presumes that it would be the natural intention of such a spouse to change the Will to include their husband or wife. As such, their Will and not-so-final codicil is automatically revoked. The only exception to this would be where the person making the Will (the Testator) clearly states that it is being made in contemplation of imminent marriage to a named person. Needless to say, should that marriage never take place and the proverbial knot is subsequently tied years later to a differently named person, the Will is automatically revoked. But is this the case under Same Sex Marriage? That remains to be seen. One would think that it should be the case seeing as the rule affects heterosexual marriages as well as civil partnerships; but it's early days yet and no one knows for certain. However given the issues at stake in terms of a Will being valid or revoked, these things are better off not left to chance. For expert opinion, legal advise and support on Wills, Estate Planning, Probate, Inheritance Tax and related issues, please contact Peter Caswell, our Personal Law Partner on 01302 640410 or at Peter@taylorbracewell.co.uk.Peter is renowned for taking the time to fully understand his clients' particular circumstances and providing them with bespoke advice tailored to their very needs. So if you are concerned about the validity or otherwise of your Will following marriage, divorce, civil partnership or proposed same sex marriage, speak to Peter today.