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Wills - Never too old to marry

23 October 2018

Lauren Smith

Lauren Smith

Marriage is a significant event for everyone, regardless of religion or background. If you are getting married, it is vital to take the legal implications of the marriage into account. Should anything happen to you, you need to be sure that your spouse will be taken care of in the manner you wish.

A recent article from BBC News speaks of the marriage of an elderly couple, who had both been married before. 100-year old Norah and 74-year old Malcolm Yates tied the knot at a hotel near their home in Prestatyn Denbighshire after 30 years together. Norah had been married twice before and was sadly widowed when she met divorced Malcolm at a dance in the 1980s, the couple have been together ever since.

Making a Will is vitally important whether you are married or not. Cohabitees do not have any legal rights to deal with a deceased partner’s estate, or to receive any of their assets without a Will. It is therefore essential to put a Will in place.

However, it is important to remember that a Will is revoked by marriage and therefore if you later get married you will need to enter into a new Will to reflect your change in circumstances.

As a married couple it is essential to have a Will in place to reflect your circumstances. For example, you may have children from a previous relationship that you wish to benefit, you may have your own separate assets that you wish to leave you your own family members rather than your spouse, you may wish to make some provision for your new spouse but not leave them everything. A Will can ensure your wishes are met.

Without a Will, the rules of intestacy take effect. These rules determine who gets what and when, depending on what assets you have and who your family members are. You do not have any control over who may receive what, making it even more stressful and emotional for those you leave behind.

A Will can offer peace of mind and ensures that your wishes are met. It may just be the most important piece of planning you do!

If you would like more information about how marriage and divorce can affect your Will or would like any other expert Wills & Probate advice, please do not hesitate to contact Lauren Smith, Partner and Head of Wills, Probate & Trust at our Sheffield office on 0114 272 1884 or alternatively you can email lauren@taylorbracewell.co.uk