WEDDING DELAYED? DON’T FORGET TO SORT OUT YOUR WILL
WEDDING DELAYED? DON’T FORGET TO SORT OUT YOUR WILL

3 August 2020

While small weddings and civil partnership ceremonies can take place, sadly the recently announced relaxation of allowing up to 30 people attend receptions has been put back until August 15th at the earliest.

Under the current rules, receptions can only be attended by up to six people outside or two households inside.

While some couples will want to continue with their weddings, not everyone will be willing to change how they want to mark their special day and many may well decide to delay their wedding until next year.

Although it does not sound very romantic, it is worth remembering that a marriage or civil partnership is a contract, which legally recognises your spouse or civil partner.

Couples who live together but who are not married or in a civil partnership are at a disadvantage as there is very little provision for cohabiting partners should one die.

Claire-Marie Selwood, who is a Wills and Probate Solicitor at Phillips Solicitors incorporating Brain Chase Coles explains: “Despite what many people think, there is no such thing as ‘Common Law Marriage’.”

“If you die without a Will, your estate will be governed by the Rules of Intestacy, and your life partner/cohabitee will not be classed as your next of kin.  The Rules of Intestacy will determine how your property is divided and distributed irrespective of the number of years you have lived together. This could result in your estate being divided amongst your surviving family members to the exclusion of your life partner/cohabitee and this may not be what you would want to happen.”

“Therefore, I would strongly advise cohabiting couples who are postponing their wedding or civil partnerships to make a Will.”

“This is an important way to protect each other in the event of a death.”

Ordinarily, a Will made prior to marriage is automatically revoked once the marriage has taken place unless the Will is explicitly made in contemplation of that marriage.

“We can easily arrange for a Will to be drafted with a clause that incorporates the intention to marry or form a civil partnership.  This means you don’t have to wait until after you are married to make your Will,” said Claire-Marie.

Wills are very important documents, particularly if you have children aged under 18. They can provide legal guardians for your children should the worst happen to you and your partner. The Intestacy Rules do not provide guidance on this area.

Claire-Marie said: “Wills provide clarity and peace of mind. If you are not sure when your wedding of civil partnership will take place, you can use the time in the lead up to your delayed nuptials to make suitable provision for your future spouse or civil partner.”

For more information about making a Will please contact Claire-Marie Selwood by emailing [email protected] or by calling 01256 854622.

Alternatively, click here to go to our contact page.

During these difficult times our Town Gate office in Basingstoke is temporarily closed to visitors unless by prior appointment when meeting in person is essential. However, thanks to our lawyers being able to work remotely, Phillips remains fully open for business and can discuss your legal matters by telephone and video conference.

 

Disclaimer

This article is current at the date of publication set out above and is for reference purposes only. It does not constitute legal advice and should not be relied on as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.

Have more questions?
Our expert solicitors are here to take the worry off your hands.
Please call us or email and we’ll get back to you as soon as possible.
News
PHILLIPS LAW ACTS ON THE GRANT OF THE NEW AA HEADQUARTERS AT PLANT, BASINGSTOKE
PHILLIPS LAW ACTS ON THE GRANT OF THE NEW AA HEADQUARTERS AT PLANT, BASINGSTOKE

Phillips Law is delighted to have advised Mactaggart Family & Partners and Longstock Capital Limited on a multi-million-pound agreement for lease with The AA to move their headquart ...

More
Deliveroo worker status judgment: implications for employers
Deliveroo worker status judgment: implications for employers

In our January update we reported on the Supreme Court decision in the long running dispute between Deliveroo and the unions representing many of its riders. You can read the full Judgm ...

More
New right to unpaid leave for carers
New right to unpaid leave for carers

From 6 April 2024 carers will have a day one right to request one week’s unpaid carer’s leave per year. Draft regulations for the Carer’s Leave Act 2023 provide the detail on this new r ...

More
Employment Update – January 2024
Employment Update – January 2024

Welcome to the new year! As we embark on 2024, it’s crucial to stay informed about the latest developments in employment law. Here’s a snapshot of key updates and changes th ...

More
Phillips Law advise Nordic Design House on the acquisition of their first UK showroom in London
Phillips Law advise Nordic Design House on the acquisition of their first UK showroom in London

Phillips Law is delighted to have advised Nordic Design House on the acquisition of their first UK showroom in Clerkenwell, London. Nordic Design House is a renewable furniture design c ...

More
Three Promotions – October 2023
Three Promotions – October 2023

We are delighted to announce three well-deserved promotions within our firm. Sian Lias and Lisa Perry have been promoted to the position of Legal Director in the Wills, Trusts and Proba ...

More