Effects of contents of will on divorce settlement?

[sunnyparisian]

Can anyone advise if the contents of your will could have any bearing on a future divorce settlement?

Currently legally single but living with DP for 10 years. I have 1 child, he has 4, we have none together. We are both similarly well off with regards to assets and have both agreed that our assets will go to our respective children on our deaths. We currently live in a tied cottage, so our home isn't included and wouldn't cause issues.

We both need to make new wills as our children are now adults. I know I will be asked that should my child pre-decease me, where I would like my estate to go. I am happy to let my DP have it in that instance.

However, he would never be in the same position, as unlikely that all his 4 children would pre-decease him, so I would never be mentioned in his will (which is all fine).

What I don't want to happen is that because he is named in my will, should we get married in the future and should we then subsequently divorce, if this fact would have a bearing on the divorce settlement?

I appreciate that this could all be a long way in the future but having been divorced once and the trauma it caused (some of it financial) I am keen to keep things as simple as possible and be aware of my facts at the outset.

Pre-marital Wills are null and void once you're married. You'd have to rewrite them when you married.

Past intentions when you were single couldn't have any bearing on a divorce. Your lovely idea of leaving the money to him in the future might change at any time - he can't hold you to it!

I believe both marriage and divorce are events that automatically invalidate a prior will, so you would have to make a new one after anyway.

Thanks for the replies. I now understand that any will made before marriage will become invalid on marriage.

So, if we were to marry and I were to make a new will exactly as per the old will, how would that work in a possible divorce?

Thanks.

But surely you would just re write your will again on divorce? I think thinking ahead to marriage then divorce is a step too far!!!

Do you not have any nieces or nephews you would like to leave money to?

The contents of your will would have no bearing on any divorce settlement.

I agree with prh47bridge. Don't worry about it.

What about if your son/daughter has children?

Isn't there a legal minimum given to a spouse in UK law? I know there is in Irish law. And I think scottish law is similar. So no matter what the OP's will says, the fact of her being married will entitle her husband to some portion of her estate.

so yes if that is true the OP, if she marries, couldn't just leave everything to her son. Ditto her new husband couldn't leave everything to his children.

Worth checking out with a solicitor OP.

I am happily married with 3 teenagers. I hope I am never in the position of meeting someone else but if I am - I will not marry and I will ring-fence my assets. The assets acquired by dh and me during the majority of our adult life are for us and our children - not any future partners.

Isn't there a legal minimum given to a spouse in UK law?

No. You can cut your spouse out of your will completely if you want. They may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 but there is no set minimum that must be left and no guarantee that a claim would succeed.

I should add that not marrying won't necessarily make any difference. If your partner has lived with you for the two years leading up to your death they can make a claim under the Inheritance Act. Just as with a spouse there is no guarantee the claim would succeed. But they would be able to try.