It is a little-known fact that in English law marriage revokes Wills made prior to
marriage. This applies even if the Will names the person you marry. The only way in
which such a Will would not be revoked is if it specifically states that it is made with
the intention of marriage.
This sounds very legalistic so here is a scenario, and one which we have come
across a number of times.
Harry meets Sally.
Harry has already purchased a villa in Spain in his own sole
name. The villa is worth 600,000€. Harry has two children from a previous
relationship. He is advised to make a Will to ensure his property passes as he
wishes. After some time together Harry makes a Will leaving the property to Sally.
After more time together they decide to marry. Sadly, Harry becomes ill and dies. His
marriage to Sally has revoked the Will and his assets will pass under the intestacy
rules. Under intestacy rules, Sally (his wife) will receive all the personal property and
belongings of Harry (the spouse), and the first £322,000 of the estate and one half of
the remaining estate. The children will receive one half of the remaining estate. The
affect for Sally will be that she receives less from the estate than she expected as
Harry’s children will receive part of the estate.
This situation would not arise IF, and it is an important IF, Harry states in the Will that
he has the intention of marrying Sally naming her specifically. This can apply to Wills
made in the English form, signed before two witnesses, or to Spanish Notarial Wills.
If English law applies to the testator both forms of Wills will be revoked.
The Law Commission has now made a series of recommendations to reform the
Wills Act of 1837. The aim will be to support testamentary freedom, to protect
testators and to ensure more clarity. One of the key reforms will be to abolish this
rule so that marriage would not revoke a Will. Another key reason is to prevent
“predatory” marriages where a person influences or coerces an elderly and
vulnerable person into marriage. Fortunately, this is rare but the problem does exist.
As yet, these changes are still at the draft stage but it is hoped it will come into force
before long and lessen the number of disputed inheritances and disputed Wills.
For advice on all aspects of your Wills, do contact us for a confidential consultation. We have clients from many different countries and with our International reach can tailor our advice to your particular circumstances. Call us on +34 952 527014 or email on [email protected]
For our Canary Island office call us on +34 922 719 520 or email [email protected]