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Wills are revoked automatically upon marriage / civil partnership2018-09-12T15:11:29+00:00

Project Description

Case Study

Wills are revoked automatically upon marriage / civil partnership

At Roche Legal, we recognise the importance of ensuring that clients have a valid Will in place that meets their particular needs in an ever changing world.

We recently assisted a couple in updating their Wills following their marriage and although the clients had previously put Wills in place to provide for each other and their respective children when they died, their recent marriage immediately revoked those Wills.

Action taken

Prompt preparation of new Wills.

Result

Valid Wills within 7 days of instruction, ensuring all wishes would be met.

How this helped

This is something that couples need to be aware of because a change of circumstance can have a significant impact on any Will they already have in place. It is possible to prepare Wills so that marriage does not revoke them, but in order to do this the marriage must be in clear contemplation.

To satisfy this requirement, you must have at least booked the church or registrar and have a date fixed. The Will must be worded to refer to a specific marriage to a specific person and state that it is not to be revoked upon that marriage taking place.

In the case of our clients, at the time when they made their old Wills, they had no immediate or firm plans for marriage and so no such “in contemplation” clause could be included.

Therefore, we were able to advise them that in this situation they needed to remake their Wills to ensure that their wishes would be followed after death. We used the clients’ old Wills as the basis for the new – having of course checked that there were no material changes to make – and were able to prepare the new Wills for our clients within the space of 7 days and at a discounted rate.

Roche Legal is committed to using new technology to help to make the delivery of Wills for clients as simple as possible while ensuring they are being given the right advice. Whatever your circumstances, if you want to make, update or change your Will just get in touch and we will be able to discuss your situation and prepare the right Will for you.

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