wills

[bubbles4920]

if you split up from someone that you have made a will with, does that will become null and void or do you have to pay to change it or write to the solicitor saying you no longer want things to stand?

[glenis]

if you were married to that person then the will stands until the divorce then the thing is no longer valid , you can't change a will but you can add an extra - a codicil - which would perhaps acknowledge children born after the will was written - it is probably best if you had another drawn up

[bubbles4920]

we arent married, have been living together for years. have no kids, we have properties together.

[R1Geezer]

Glenis is talking twaddle.

The will stands until changed, end of. Marraige or otherwise does not come into it. You will have to change it and pay fees etc.

[sandmaster]

Geezer is right - a will is valid until changed - either a new will or a codicil to modify an existing will.
However,unless the law has changed since I last studied this (many years ago) marriage will nullify a will existing before the date of the marriage.

[bubbles4920]

so the opposite of this then would be if we got married we would have to redo our will as my name would be different or add a codicil would may be easier if this is possible?

[Buenchico]

(2-part post):

First point::
You've written that you 'have properties together'. There are two ways of jointly owning a property. If you're 'tenants in common', you each own a specific share of the property. (The distribution would be 50:50 unless otherwise specified in the deeds). However, if you're 'joint tenants' then neither of you owns a specific portion of the property; it's your 'legal partnership' which owns the entire property.

When one of you dies, it makes a big difference as to which type of ownership you have. If you're tenants in common, the deceased person's share of the property will go to whoever they've left it to in their will. (If they've not left a valid will, the intestacy rules will apply).

However, if you're joint tenants, the surviving partner automatically acquires ownership of the entire property. That rule takes precedence over the provisions of any will. (If you're a joint tenant you can't leave your 'share' of a property to anyone, since you don't actually own a specific share).

Second point:
A will normally remains valid until it is revoked by the testator. (See below for very important exceptions). It can, of course, be modified by adding a codicil (although it's usually just as easy, and often clearer, to draft a fresh will). One way to revoke a will is through deliberate destruction:
http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM1 2073.htm
Alternatively, it can be revoked by writing a new will (which would normally commence with a clause revoking all earlier wills).

[Buenchico]

Third point:
Unless a will contains a specific clause, stating that it is written "in anticipation of marriage", a will is always automatically revoked (in full) by marriage.

Fourth point:
A will is partially revoked by divorce. That means that the distribution of the testator's estate is carried out in accordance with the terms of the will but on the basis that the former spouse 'died' on the date when the divorce was completed:
http://www.hmrc.gov.uk/manuals/ihtmanual/IHTM1 2075.htm

Chris