Weddings are hopefully just around the corner as we start to see lockdown restrictions easing, which means we will be able to properly celebrate love with our family and friends.

Weddings are such special joyful occasions where we can all come together to celebrate the one thing that joins us all, but for couples in same sex relationships, the right to do so has only existed since 2014 thanks to the Marriage (Same Sex Couples) Act 2013 (England and Wales).

Now with at least 6% of the population in a same sex relationship, it is more important than ever to make sure that once the “I Do’s” are said, you ensure that you have done everything in your power to protect the one you love in your Will.

The importance of drafting new Wills once married

Any pre-existing Will is automatically revoked upon marriage (unless you were already in a Civil Partnership) meaning that you will have to write a new one. It’s therefore really important to make sure you and your partner draft new Wills following your big day.

If you have decided that marriage isn’t for you and co-habiting is more your thing, then you still need to make sure that your Will protects your loved one.

In Wills created before the 2013 Act, reference to a spouse or marriage will not be taken to refer to same sex marriages and therefore should most definitely be reviewed or redrafted. Not doing so could mean your estate could face unexpected tax consequences and your wishes may not be followed as you intended.

Around four in ten LGBTQ adults have been rejected by a close family member or friend, which unfortunately could mean that their estates are more exposed to family challenging the Will because they don’t recognise the legitimacy of a relationship.

With all the challenges that people in the LGBTQ community face, drafting a Will shouldn’t be one of them. Contact us to discuss writing your Will.