There are however, exceptions to this general rule.
Keep in mind that if you divorce, the beneficiary designation will not change automatically.
Be sure to update these plans if you want the beneficiary updated.
Getting married is one of these situations and the ideal opportunity to review your wishes for the distribution of your estate to ensure it goes to the correct people.
This principle was established by section 18 of the Wills Act 1837, which applies to wills executed before 1 January 1983 and states that “every will made by a man or woman shall be revoked by his or her marriage’ and section 18 of the Wills Act 1987 (substituted by section 18(1) of the Administration of Justice Act 1982, which applies to wills executed after the 1 January 1983 and states that “a Will shall be revoked by the testator’s marriage”.
In some provinces and territories, when you get married, your previous Will is automatically revoked or cancelled, unless it clearly states you were about to get married and that you want the Will to stay valid after the marriage.
As a married couple, you can minimize the cost and time to administer your estate by naming each other as beneficiary on your various plans and insurance policies.
The general rule was extended after the introduction of the Civil Partnership Act 2004, which puts same-sex couples who register their partnerships in the same position as married couples in relation to succession.
There is a statutory exemption from revocation by marriage for same-sex couples who convert their civil partnership into marriage (section 18D Wills Act 1837).
Whether you have already made your Will or are planning to make a Will for the first time when it comes to getting Married few people are aware that in England and Wales the act of Marriage automatically revokes a Last Will & Testament made prior to the Marriage.
In England & Wales, the only exception to this rule is if the Will has been written before the Marriage occurs containing a specific clause that covers the contemplation of your upcoming Marriage.
We know that should anything happen to you, you need to be sure that your spouse will be taken care of in the manner you specify.