When you find love again later in life, a will probably isn’t the first thing on your mind. But for many people over 50, a new relationship raises important questions about what happens when one of you dies. Who should inherit your home? How do you provide for a new partner and still make sure your children receive what you’d like them to have? What happens if you marry, or don’t? And does your existing will still say what you want?
This guide explains, in general terms, why wills matter when you have a new partner, how marriage, divorce and living together can affect a will, the differences across England and Wales, Scotland and Northern Ireland, common issues in blended families, and how to find professional help. It doesn’t give legal, tax or financial advice. Succession law is complex and varies across the UK. Please speak to a solicitor about your own situation.
General information, not legal, financial or tax advice
This guide explains how things generally work in the UK so you know what to ask. It is not advice about your situation, and Hearts Again is not a law firm, financial adviser or healthcare provider. Rules differ between England, Wales, Scotland and Northern Ireland and can change. Before you make any decision, speak to a qualified professional:
- a solicitor, for example through the Law Society (England and Wales), the Law Society of Scotland or the Law Society of Northern Ireland, or Citizens Advice for free initial guidance
- a regulated financial adviser (check they are on the FCA Register), or MoneyHelper, the free government-backed money guidance service
- HMRC or a qualified tax adviser, such as a Chartered Tax Adviser
- a family law solicitor, for example a member of Resolution, or an accredited mediator through the Family Mediation Council (Scotland: Relationships Scotland)
The short answer
- If you don't have a will, the law decides who inherits. Unmarried partners don't automatically inherit anywhere in the UK.
- In England, Wales and Northern Ireland, marrying or forming a civil partnership generally revokes an existing will, unless it was made with that marriage in mind. In Scotland, marriage doesn't revoke a will.
- A divorce can affect how a will works, but it may not change everything. It's sensible to review your will after any big life change.
- Many people in later-life relationships want to provide for a partner and their children. Solicitors can explain options that may help balance both.
- Pensions and some life insurance policies don't usually pass under your will. Check nomination forms and whether policies are written in trust.
- Get professional advice, especially if you own property, have children from a previous relationship or live in more than one part of the UK.
Why a will matters in a new relationship
A will sets out who you’d like to inherit your money, property and belongings when you die, and who you’d like to deal with your affairs. Without a will, the law sets out who inherits, under what are called intestacy rules.
That can cause particular problems in later-life relationships, because:
- Unmarried partners don’t automatically inherit under intestacy rules in England and Wales, Scotland or Northern Ireland, however long you’ve lived together
- A spouse or civil partner may inherit a large share, which could leave less for children from an earlier relationship than you intended
- An old will may leave everything to an ex, or to a late partner, and may no longer reflect your wishes
- Families can end up in disputes, which can be stressful, slow and expensive
If you’re in a new relationship, it’s worth checking whether your will, or lack of one, still matches what you want.
Common situations later in life
People in later-life relationships often want to do several things at once:
- Provide for a new partner, so they’re financially secure and can stay in the home
- Make sure children from an earlier relationship inherit, especially the family home
- Leave something to grandchildren
- Treat stepchildren fairly, if you’ve built a blended family
- Leave gifts to friends or charities
These goals can pull in different directions. For example, if you leave your home to your new partner, it may eventually pass to their family rather than yours. If you leave it to your children, your partner could lose their home. Solicitors can explain options that may help balance these wishes.
Our guide to protecting your children’s inheritance looks at this in more depth.
How marriage and civil partnership affect a will
The rules differ across the UK. In general terms:
| Part of UK | Effect of marriage or civil partnership on an existing will |
|---|---|
| England and Wales | Generally revokes the will, unless it was made in expectation of that marriage |
| Northern Ireland | Generally revokes the will, unless it was made in expectation of that marriage |
| Scotland | Doesn’t revoke the will |
This means that if you marry or form a civil partnership in England, Wales or Northern Ireland, an old will may no longer be valid, and intestacy rules may apply unless you make a new one. This can catch people out, especially in later life, when they may have made a will years ago that they assume still stands.
In Scotland, an old will still stands after a marriage, which may mean a new spouse isn’t provided for as you’d like, although a spouse and children have certain legal rights to part of an estate in Scotland.
If you’re thinking about marrying, a solicitor can explain how this affects your will and whether a new one is needed. Our guides to whether to remarry or live together and prenups for second marriages look at other things to consider.
How divorce affects a will
Divorce, or the dissolution of a civil partnership, can also affect a will. In general terms, across the UK, gifts to a former spouse and their appointment as executor may be treated as if they had died, or otherwise no longer apply. But the effect can vary, and a divorce may not deal with everything, for example gifts to an ex’s family or arrangements in trusts. Separation without divorce usually doesn’t change a will at all.
If you’re separated, divorcing or recently divorced, it’s sensible to review your will with a solicitor. Our guide to dating before your divorce is final covers some of the practical issues during a separation.
If you live together without marrying
If you live with a partner without marrying or forming a civil partnership, a will is especially important if you want them to inherit. In general terms:
- In England and Wales, a surviving partner who isn’t provided for may be able to make a claim against the estate under the Inheritance (Provision for Family and Dependants) Act 1975, for example if they lived with you as a couple for at least two years before your death. Claims can be stressful and uncertain
- In Scotland, a surviving cohabitant may be able to apply to the court if their partner dies without a will, under the Family Law (Scotland) Act 2006, but there’s a strict time limit of six months from the death
- In Northern Ireland, a surviving cohabitant may be able to make a claim in some circumstances, under separate legislation
Our guides to cohabitation rights in England and Wales, Scotland and Northern Ireland, and to cohabitation agreements, explain more. Our guide to losing an unmarried partner explains why planning ahead matters.
The family home
The home is often the biggest asset, and the one that causes most concern. How you own it can matter as much as what your will says.
Joint ownership
In England, Wales and Northern Ireland, there are two main ways of jointly owning property:
- Joint tenants: when one owner dies, the other usually inherits the property automatically, whatever the will says
- Tenants in common: each owner has a share, which they can leave to whoever they choose in their will
In Scotland, joint ownership works differently, and the title deeds may include a “survivorship destination”, which can mean the property passes automatically to the surviving owner.
A solicitor or conveyancer can explain how your home is owned, and whether it fits your plans.
Letting a partner stay in the home
Some people want their partner to be able to live in the home for the rest of their life, with the home then passing to their children. Solicitors may discuss arrangements such as a trust that gives someone the right to live in a property, sometimes called a life interest trust in England and Wales, or a liferent in Scotland. These can be complex, and have legal, tax and practical implications, so get advice.
Pensions and life insurance
Some of your most valuable assets may not pass under your will at all.
Pensions
Many pensions allow you to name who you’d like to receive any death benefits, using a nomination form, sometimes called an expression of wish form. If you’ve had a new relationship, an old nomination may still name an ex or late partner. It’s worth checking with each pension scheme. Our guide to pensions if you remarry or live with a partner explains more.
Life insurance
A life insurance policy may pay out to your estate, or it may be “written in trust” for named people. If you have a new partner, you might want to check:
- Who will receive the payout
- Whether the policy is written in trust, and who the beneficiaries are
- Whether the cover is still the right amount for your situation
An insurer, financial adviser or solicitor can explain how your policy works.
Stepchildren and blended families
Blended families can add another layer of complexity. In general terms, stepchildren don’t automatically inherit from a step-parent under intestacy rules, even if they’ve been part of the family for many years. If you’d like stepchildren to inherit, you’ll usually need to say so in a will.
Common concerns in blended families include:
- Making sure your own children inherit, if your partner dies after you and leaves everything to their children
- Treating your children and your partner’s children fairly, if that’s important to you
- Avoiding disputes between family members after you’ve both died
Some couples make similar wills at the same time, sometimes called “mirror wills”. These can be straightforward, but a surviving partner can usually change their will later, which may mean your wishes aren’t followed. Solicitors can explain other arrangements that may give more certainty. Our guide to blending families after 50 looks at the wider family side.
Choosing executors
Executors are the people who deal with your estate after you die. In a new relationship, choosing executors can be sensitive. You might choose your partner, your children, a friend, a professional such as a solicitor, or a combination. Things to think about include who you trust, who gets on with whom, and whether anyone may have a conflict of interest. Asking people before you name them can avoid surprises.
Inheritance tax
Inheritance tax rules treat married couples and civil partners differently from unmarried couples. For example, there are exemptions for gifts between spouses and civil partners that don’t apply to unmarried partners. Tax rules can change, and how they apply depends on your circumstances. If inheritance tax may be relevant, speak to a solicitor, accountant or regulated financial adviser.
Other documents to think about
A will deals with what happens after you die. Other documents cover what happens if you become unable to make decisions while you’re alive:
- Lasting powers of attorney (England and Wales) let someone you trust make decisions about money and property, or health and welfare, if you lose capacity
- Continuing and welfare powers of attorney (Scotland) serve a similar purpose
- In Northern Ireland, the system for powers of attorney is different, and has been changing, so check the current rules
You might also consider:
- A letter of wishes, which isn’t legally binding but can explain your wishes to executors
- Funeral wishes, which can help avoid disagreements at a difficult time
Talking to your partner and family
Talking about wills can feel uncomfortable, especially early in a relationship. But many couples find it brings peace of mind.
With your partner
It may help to:
- Explain what matters to you, such as providing for your children and making sure your partner is secure
- Listen to their wishes and concerns
- Be honest about what you plan to do, even if it’s not what they hoped
- Consider taking advice separately, especially if your interests may differ
If a partner pressures you to change your will, put their name on your property quickly or discourages you from taking independent advice, take time to think carefully. Our guide to red flags in a new relationship covers financial warning signs.
With your children
Adult children often worry about inheritance when a parent has a new partner. You don’t have to share the details of your will, but letting them know you’ve taken advice and made plans can help. Our guide to when adult children disapprove has more on these conversations.
Making or updating a will
You can make a will yourself, but mistakes can lead to a will being invalid or unclear, which can cause problems for the people you leave behind. Later-life relationships and blended families often involve complex situations, so many people choose professional help.
Options include:
- A solicitor, ideally one who specialises in wills and estates. You can search via the Law Society, the Law Society of Scotland or the Law Society of Northern Ireland
- A member of STEP, the Society of Trust and Estate Practitioners
- Charity will schemes, where some charities offer free or reduced-cost wills, sometimes in exchange for an optional gift
It’s sensible to review your will:
- When you start living with someone
- Before and after you marry or form a civil partnership
- After a separation or divorce
- When you buy or sell a home
- When a grandchild is born
- After a bereavement
Common situations
“My will leaves everything to my late husband”
If your late husband has died, parts of your will may no longer work as intended. Many people in this situation review their will with a solicitor.
“We’re getting married next year. Do we need new wills?”
In England, Wales and Northern Ireland, marriage generally revokes an existing will. A solicitor can explain what to do.
“I want my partner to stay in my home, but my children to inherit it”
Solicitors can explain options that may help balance both wishes.
“We’ve lived together for ten years but neither of us has a will”
Unmarried partners don’t automatically inherit. A solicitor can explain your options.
“My partner wants me to leave him my house”
Take time to think, get independent advice and consider your children’s position.
Frequently asked questions
Does an unmarried partner inherit if there’s no will?
Not automatically, anywhere in the UK. They may be able to make a claim in some circumstances.
Does marriage cancel a will?
In England, Wales and Northern Ireland, generally yes, unless the will was made in expectation of that marriage. In Scotland, no.
Does divorce cancel a will?
Divorce can affect how a will works, but may not change everything. Review your will after a divorce.
Do pensions pass under a will?
Often not. Many pensions use nomination forms. Check with your pension provider.
Do I need a solicitor?
Many people choose one, especially if they have property, a blended family or complex finances.
Related guides
- Protecting your children’s inheritance
- Cohabitation agreements explained
- Should you remarry or live together?
- Pensions if you remarry or live with a partner
- Losing an unmarried partner
- Money in later-life relationships
Sources
- Wills Act 1837, sections 18 and 18A (England and Wales).
- Wills and Administration Proceedings (Northern Ireland) Order 1994.
- Succession (Scotland) Act 2016; Family Law (Scotland) Act 2006, section 29.
- Inheritance (Provision for Family and Dependants) Act 1975; Inheritance (Provision for Family and Dependants) (Northern Ireland) Order 1979.
- The Law Society; Law Society of Scotland; Law Society of Northern Ireland; STEP.