Does a Will take priority over marriage?

[Spickle]

Can any legal experts give me some advice on the following scenario? Many thanks.

A woman in her forties, single, no DC, owned own home had written a Will leaving everything to her parents and brother. This woman then met someone who moved into her home and they married shortly after. Three years later, the marriage failed. Would the husband have a case for claiming some of the house, even if he hadn't contributed to the mortgage, was not named on the title deeds or mortgage and was not a beneficiary in the earlier Will?

Would be very grateful for your advice, which is for a dear friend of mine.

[YoniMatopoeia]

Did they get divorced?

[WhoWasThatMaskedWoman]

Yes if you get married then any will made prior to that date is null and void, unless it specifically states that it's "in contemplation of marriage" i.e. you state in the will that you are about to get married to Mr X and you wish your will to remain unchanged.

[mumblechum1]

Exactly as the pp mentioned. Wills are automatically revoked on marriage unless it states that any gift to a cohab will remain in force.

I'm a will writer and whenever writing wills for an unmarried couple always ask if there's any chance they'll marry, and if so put in a declaration so that the wills remain valid on marriage.

[Spickle]

Thank you for quick responses.

They are not divorced.

Will was made prior to even meeting the husband so no "in contemplation of marriage".

[mercibucket]

do you mean that the woman has died? i think the husband would get everything unless another will was written after marriage. but if she hasnt died (sorry, just the use of present tense in your last post) then she can write a will now.

[Spickle]

No, she is still very much alive. She is trying to protect her assets.

[mercibucket]

then she needs to write another will

that wont stop him making a claim on her assets on divorce though

will leave thread to the experts now though

[MisForMumNotMaid]

Not a legal opinion but can't she just write a new will saying that the marriage is over and the original will stands?

[exexpat]

Yes, she needs to write another will ASAP.

Marriage invalidates previous wills, and if you don't write a new one, the usual intestacy laws apply which mean that most of your assets go to your spouse (even if you have split up but are not yet legally divorced).

But as long as she is in England or Wales, she can write a will which leaves nothing to her husband (rules in Scotland are a little different, I think).

[Spickle]

She's in England

[mumblechum1]

If I was writing her will I would put in a declaration that she is separated and is expressly excluding her husband from it, in order to avoid him claiming under the Inheritance (provision for family and dependants) Act 1975, or at least to mitigate the risk of him doing so.

With my ex divorce lawyer hat on, she needs to see a family specialist as soon as possible as he may well have acquired rights under the MCA 1973.

[Spickle]

Thank you mumblechum, that's good advice.

[MOSagain]

totally agree with mumbles (having briefly put both hats on)