Areas of Law / Wills and Probate

My ex-husband bought a house with his new partner. They are tenants in common, with equal shares, and my ex-husband made a will leaving his share to our son. My ex and his partner have since got married: does he have to make a new will in order to leave his half to my son, and what would happen if he didn’t?

You’re right to be concerned. The wills of people who marry are automatically cancelled. The reason for this is that it’s assumed that couples will want to leave their property to each other, but that newly-weds may forget to alter their wills accordingly. So unless your ex-husband made his will “in contemplation of marriage” it will now fail. In that case if he dies first his wife will inherit some, if not all, of everything he owns – including his share of the house.

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