fbpx

Wills made in Contemplation of Marriage

Jan 13, 2021

Having had my first wedding cancelled back in September 2020 and sadly a further wedding cancelled this month it got me to thinking ‘What happens if you have made a Will in contemplation of marriage and yet the marriage has been delayed?’

You may or may not be aware it is a fact that Marriage / Civil Partnership revokes a Will. I would therefore advise those clients who come to see me with a view to organising their affairs in anticipation of their wedding, to make Wills in contemplation of Marriage. Section 18 of the Wills Act 1837 allows this perfectly acceptable method of drafting to be valid and the marriage will not revoke the Wills. It is however important sound advice is taken if you do find yourself in this situation.

The ongoing pandemic has sadly meant that those – including myself – could be ‘contemplating the marriage’ for a much longer time than anticipated. Is there a set timescale? In short, the answer is no. So long as the intention is there i.e. the engagement but not necessarily a fixed date, the Will would be accepted. There is no set time period between making the Will and the wedding that is required for it to be accepted. I would however be cautious of doing this if, for example, you are in a relationship whereby you think you may get married ‘at some point’ or if there is no engagement. This simply would not work. However if you find yourself in a situation such as mine whereby Wills were made soon after engagement and with a wedding booked, do be reassured. Firstly, you are very well prepared and secondly, for the time being it is valid if that initial ceremony has been cancelled.

Lastly, I have tried to remain positive and hope the end is near for us all so we can all have the weddings we dreamed of…. albeit later than expected! 

For further advice or to arrange an appointment please contact a member of the Private Client team.

This reflects the law at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought as appropriate in relation to a particular matter. 

By Jodie Sainsbury

Paralegal, Private Wealth & Inheritance

Contact Us

    The information you submit will be handled in accordance with our privacy policy.

    Sign up

    Enter your email address for legal updates on Private Client & Family Law.

    Please see our privacy policy regarding use of your data.


    Make a will online

    If you would like to start the process of making a will. Fill in our will questionnaire and submit the form by email to our specialist team. We can then create a will tailored for you from the details you provide. 

    Latest Articles

    Making a Foreign Will

    Making a Foreign Will

    When a person dies without leaving a valid Will, there can often be some uncertainty as to who will inherit from their estate.

    read more

    Top Legal Insights

     

    Contract Law

    Material Breach of Contract

    What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?

    Property Law

    Commercial Lease: The Financial impact on Landlord and Tenant

    Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.

    Divorce and Family Law

    Divorce in Lockdown: Can I get some discreet legal advice?

    We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...

    Land & Property Dispute

    Restrictive Covenants – The Price of Modification

    Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?

    Wills, Trusts and Probate

    Why is having a will so important?

    It is entirely up to you if and when you want to create a Will, but it is important to be aware of the consequences of not having a Will.

    Award winning legal advice

    We are solicitors in Camberley, Wokingham and London. In 2019, Herrington Carmichael won ‘Property Law Firm of the Year’ at the Thames Valley Business Magazines Property Awards, ‘Best Medium Sized Business’ at the Surrey Heath Business Awards and we were named IR Global’s ‘Member of the Year’. We are ranked as a Leading Firm 2020 by Legal 500 and Alistair McArthur is ranked in Chambers 2020.

    undefined
    undefined

    London

    60 St Martins Lane, Covent Garden, London, WC2N 4JS 

    +44 (0) 203 755 0557

     

    Camberley

    Building 2  Watchmoor Park, Riverside Way, Camberley, Surrey. GU15 3YL

    +44 (0)1276 686 222

     

    Wokingham

    Opening Soon

    +44 (0)118 977 4045

    info@herrington-carmichael.com

    © 2020 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.

    Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.

    Privacy   |   Legal Notices, T&Cs, Complaints Resolution   |   Cookies   |   Client Feedback