The Problem
“Marriage can revoke your will. Divorce doesn’t revoke it – but it can make parts of it fail.”
When Sarah remarried in Hertfordshire, she assumed her existing will (leaving gifts to her two children) would simply “carry on”. It didn’t. Months later, a sudden illness meant her estate would pass under intestacy rules, because her earlier will was revoked by marriage (unless a will is expressly made in contemplation of marriage in England & Wales). In another case, Daniel divorced but never updated his will—gifts to his ex-spouse failed automatically, leaving an unexpected partial intestacy and confusion over executors.
Why It Mattered
These weren’t technicalities – they changed who inherited. Sarah’s children were set to receive far less than she intended, and Daniel’s guardianship choices and executorships no longer worked as planned. When wills aren’t updated after major life events, UK families face delays, disputes and extra costs at the worst possible time.
The Backstory
Both believed big life changes were “covered” by their existing wills. In reality:
- Marriage (England & Wales): Generally revokes a prior will unless it was made in contemplation of that marriage.
- Divorce (England & Wales): The will remains valid, but gifts to (and appointments of) the former spouse/civil partner take effect as if they had died—which can cause gifts to fail and gaps in the estate plan.
- Scotland & Northern Ireland: Rules differ; it’s essential to get advice for your jurisdiction.
The Solution
That’s where Will-Desk stepped in. We rebuilt both estate plans to reflect new relationships and responsibilities—clearly, fairly and tax-efficiently.
For Sarah (remarriage)
- Drafted new mirror wills for the couple.
- Inserted life interest/flexible trust so the new spouse has security while protecting children’s inheritance.
- Severed joint tenancy (where appropriate) to tenants-in-common so her share could pass via the will.
- Updated guardianship, executors, and letter of wishes.
- Reviewed pension and life policy nominations (outside the will) to align with the plan.
For Daniel (post-divorce)
- Replaced lapsed gifts to his ex with clear beneficiaries and substitute beneficiaries to avoid partial intestacy.
- Appointed new executors and trustees.
- Included specific gifts to children and a simple discretionary trust for flexibility.
- Checked inheritance tax exposure and used available allowances.
What We Offer
At Will-Desk, we make life-event updates straightforward:
- Marriage/Remarriage & Blended Families: Flexible trusts to balance a new partner’s needs with children’s inheritances.
- Separation/Divorce: Rapid rewrites so gifts don’t fail and executorships are workable.
- Guardianship & Vulnerable Beneficiaries: Rock-solid appointments and bespoke protections.
- IHT-aware drafting: Use allowances effectively; coordinate wills with pensions, life cover and property ownership.
Your Next Step
Married, remarried or recently divorced?
Need to protect children from a previous relationship?
Call 01296 840757 or email letstalk@will-desk.com for a fast, confidential Will Review. We’ll make sure your wishes are honoured – and your family is protected.