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Love is Blind, Wills aren’t Prenups.

I caught up on Love is Blind UK last night on Netflix. Well, all but the reunion. So, if you haven’t seen the Weddings yet then perhaps stop reading now?

You may recall Catherine and Freddie had a heart to heart and in true romantic style, Freddie said to Catherine, his Fiancée, that he was worried about Catherine being legally entitled to his finances once they are married and said that he wanted to put something in place so that if he should die, his sister would get everything. Fast forward to a conversation Catherine had with her friends and she is unhappy that Freddie had asked for a Prenup. Did I miss something? Perhaps Netflix edited that part out of the episode. But, I don’t recall Freddie ever mentioning a Prenup. I simply recall him referencing what would happen if he were to pass away which would mean an update of his Will.

What is a Prenup?

A Prenup, or Prenuptial Agreement, is made before a couple get married or enter into a civil-partnership, and sets out how the assets are to be divided in the event of a divorce or dissolution of the civil-partnership. They can be legally enforceable in England & Wales in some circumstances, but can be set aside if the contents are in contrast to the Matrimonial Causes Act 1973. As the agreement sets out how the assets are to be divided in the event of a divorce, the agreement is not enforceable upon death. Although the agreement may specifically set out that a claim cannot be made by a surviving spouse or civil-partner, terms to this effect are not enforceable due to the Inheritance (Provision for Family & Dependants) Act 1975 (as discussed in our blog; What About Me – I(PFD)A 1975).

What is a Will?

A Will is an enforceable legal directive as to what is to happen to a person’s Estate upon death. It sets out who should be responsible for executing the Will (executors), it may include guardianship clauses which set out who is to be the legal guardian of a child if they are a minor at the time that their parent dies, and who should receive what from the Estate. Considering the line of work that Freddie is in, he likely has a Will which is up to date, and is likely aware that marriage revokes a Will, as set out in our earlier blog; Reviewing & Updating your Will – Part 1 – Marriage.

Something Freddie should take advice on is that if reasonable provision is not made for family members and dependants, including spouses,, then they may be able to make a claim in the Estate (as mentioned above and in our blog; What About Me – I(PFD)A 1975). Such claims may not all be successful, and the cost in defending the Estate against any claims are to be settled by the Estate itself, which in turn can result in the Estate being largely diminished.

If you are reading this Freddie I am more than happy to update your Will in anticipation of any marriage and there is still time for that Prenup #spoiler.

Independent legal advice should be sought regarding Prenups, making a Will, or if you have any queries regarding claims in an Estate. #TeamTassells has an abundance of specialist experience in Private Client matters. For more information about how we can assist you, contact a member of the team on 01795 533 337.

This blog was written by Jack Gould, Private Client Executive – jackgould@tassells.law.

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