Family Law and Wills

Did you know that when making a Will, there are circumstances where Family Law and the law regarding Wills and the Administration of Estates may overlap?

Here at Andrew Isaacs Law, we deal with a variety of Family Law matters such as separation, divorce, finances and matters involving children.

When making a Will, it is important to consider the following circumstances:

1. If you get married

If you are considering making a Will, and are also due to get married/form a civil partnership, then special provision should be made for this in the Will.   Making it clear and naming who you intend to marry in the Will, will not invalidate your Will.

However, if you do not make special provision for this in your Will, then your Will can be invalidated following a marriage/civil partnership.

2. You get divorced or your civil partnership is dissolved

If you have already made a Will, and you subsequently divorce/dissolve your civil partnership, then your ex-spouse is deemed to have died upon the divorce/dissolution.  Any gift made to them in your Will shall be void.

3. Your partner dies – what will happen to the family home?

This question depends upon what your beneficial entitlement is to the home.

If you and your partner hold the beneficial interest as joint tenants, then the right to survivorship will operate, and you will receive your partners share free from any Will.

However, if you hold the beneficial interest as tenants in common, then the right to survivorship does not operate. Whether you receive any entitlement depends on whether your partner has left their share in the property to you under their Will.

We would advise you always seek legal advice and in any event to have a Will.

4. Is there such thing as a common law partnership?

It is a common belief that cohabitees (unmarried partners or partners who have not formed a civil partnership), have an automatic legal right to their partner’s property. This is a common misconception.  Upon death, cohabitees will not derive any of their deceased partner’s estate under the rules of intestacy. Therefore, to avoid your estate vesting in the hands of someone you would not wish, it is advisable to arrange your Will.

If you are undecided over whether you need to renew your Will or indeed would like to arrange for a new Will, give us a call on 01302 349 480.

Tailer Punton Court of Protection/Wills & Probate Team

06.10.22