Future Marriage

If you get married, any Will you have in place will be revoked by the marriage.

Depending on its value this means all of your estate could go to your Spouse.

Not ideal if this is a second marriage for example and you have Children from a previous relationship that need to be cared for and made provision for.

Section 18 of the Wills Act 1837 allows a Will to be drawn up “in contemplation of marriage to a particular person.” Under the terms of the Civil Partnership Act 2004, from 5th December 2005, this provision was extended to include wills drawn up “in contemplation of a registered civil partnership to a particular person.”

1. The Will must name a specific person - it cannot be expressed as the general contemplation of a future marriage or civil partnership.

2. The marriage/civil partnership must be due to take place in the foreseeable future – we would suggest within 2 years to be sure. A specific date is good but not necessary though.

3. There must be an intention on the part of the Testator that the Will should not be revoked by the subsequent marriage/civil partnership and that this is expressly stated in the Will.

If you are getting married, don’t wait until months after the Wedding to put your protection in place: get a Will drawn up by Thy Will Be Done (Spain) Ltd now in contemplation of your Marriage. Be secure in the knowledge that, whatever happens in the meantime your estate will pass to those that you wish it to and any appointed Guardians of minor Children will be able to assume their responsibility without question