The Effect of Marriage, Divorce and Separation on your Will

Mr X met his wife, Mrs Y when she was a single parent to young children

Mr X treats these stepchildren as his own throughout their lives but does not adopt them and has no biological children of his own.

Mr X and Mrs Y make mirror Wills, leaving everything to each other in the first instance and then to Mrs Y’s children.

Mrs Y dies, leaving everything in her estate to Mr X.

Mr X continues to treat his (now adult) stepchildren as his children and remains a part of their lives as a father figure.

10 years after Mrs Y’s death, Mr X marries Mrs Z.

This marriage revokes his original Will made with Mrs Y.

8 years later, Mrs Z dies. Mr X has not made a new will.

Present – Mr X dies with no valid Will

Outcome – as Mr X’s second marriage revoked his original Will, Mrs Y’s children, who have always been treated as children of Mr X, will not benefit from his estate, although Mr X received their mother’s estate when she died.

The intestacy laws will determine the beneficiaries of Mr X’s estate, who will be his closest living relative(s) or, in their absence, the state.

Mr A has two children with a former partner. He marries Mrs B, who has no children or other living relatives at the time of the marriage.

Mr A and Mrs B mirror Wills, leaving everything to each other and then to Mr A’s two children, specifically named within their Wills.

Mr A and Mrs B divorced some years later. Mrs B then has no contact with Mr A, and her relationship with her former stepchildren turns sour.

Mrs B then meets a new partner she lives with; they have children together but do not marry.

Mrs B does not make a new Will and dies 12 years later. The Will she made with Mr A is still valid.

Mr A is treated as having died before her, and Mrs B’s entire estate is then left to Mr A’s 2 children under the terms of the Will.

Mr C is divorced with 3 children.

He meets Mrs D who is widowed with two children. Mr C and Mrs D have a 20 year relationship as unmarried partners, living with Mrs D’s children.

They do not have contact with Mr C’s children.

They make Wills leaving everything to each other and then to Mrs D’s two children.

After 20 years, they separate.

Mr C reconnects with his children later in life. He does not make a new Will as he believes his current Will is not valid.

When Mr C dies, his children are unable to deal with his estate due to there being a valid Will in existence.

The Will left everything to Mrs D.