New upcoming rulings regarding may waver the automatic rights of a new spouse to inherit and put in place protections for original beneficiaries of Wills.
Currently, the law states that if someone gets married, previous instructions in a Will about their their previous spouse automatically become invalid. The new partner becomes the beneficiary and will inherit the deceased’s estate. Will writing solicitors in North Wales could advise on ‘in Contemplation of Marriage’ rules which can ensure that the original Will stays in place, but this is not a well-used piece of legislation.
There are a number of reasons why the Law Commission are recommending changes that would mean old Wills are not invalidated by a new marriage. The most pressing matter relates to predatory marriages. Many vulnerable people can be easily manipulated into getting married, so the new spouse benefits from their assets.
Wills and probate solicitors in North Wales are aware of these potential changes and understand that marrying an elderly or impaired person, for example, for the sole purpose of inheriting their estate is financial abuse and has a lasting impact on the testator’s wider family. If these proposals do go ahead, it is imperative that the individual is aware that their new spouse may not have automatic rights to inherit and if they wish to change this, they must work with their solicitor to change their Will to avoid any disputes in the event of their death.
Contact us here at Bennett Smith Solicitors today and request an appointment with one of our experts so you can discuss issues relating to Wills.
