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Life insurance for second marriages

A second marriage changes who should receive your life insurance and estate. In England and Wales, marriage revokes an existing will unless the will was made in anticipation of it. Old policies may still name a former spouse. Separate policies in trust, one for your new spouse and one for children from a first marriage, help each receive what you intend.

Your old paperwork may not say what you want

Marrying again often comes with years of earlier financial decisions. Old policies, pensions and death-in-service forms may still name your former spouse. A will made before your new marriage is usually revoked by it in England and Wales, unless it was written with the marriage in mind.

Gather every policy, pension and will and check who each would pay. That list is the starting point.

Check your divorce settlement as well. Some court orders require you to keep a policy in place for an ex-spouse or children. Cancelling it could put you in breach of the order.

The risk of children being left out

If everything passes to your new spouse, your children from a first marriage depend on your spouse to leave money to them later. If your spouse remarries or changes their will, your children may receive nothing.

A separate life policy in trust for your children ring-fences money for them. Your will can then leave the home and other assets as you choose.

Think about when your children would receive the money. Younger children may need trustees to hold it until they are older. Adult children may prefer to receive it directly, which a trust can still allow.

Protecting the new household

Your new spouse may have moved into your home, or you may have bought together. Make sure cover clears any mortgage and keeps the household going. A joint policy can work for the mortgage, while single policies give more control.

Consider your spouse's own children too. Stepchildren do not inherit under intestacy, so name them in a will or trust if you want to provide for them.

Talk openly with your new spouse about how you plan to divide things. Agreeing on the plan together avoids surprises and disputes later.

If you bought a home together, check how it is owned. As joint tenants, it passes to your spouse automatically. As tenants in common, your share passes under your will, which gives you more control over who eventually inherits it.

Inheritance tax and second marriages

Transfers to a spouse are generally free of inheritance tax, and an unused allowance may transfer to the surviving spouse. If you were widowed before, your estate may also be able to use unused allowances from your first spouse.

These rules are technical, so speak to a solicitor or tax adviser. Whole of life cover in trust can help with any bill that remains.

If your new spouse is also previously widowed, their estate may also carry unused allowances. A solicitor can explain how these interact.

How Hi Tomorrow helps people marrying again

We review your existing policies and trusts, then recommend cover from our panel that protects your new spouse and your children. We set up separate trusts where needed, and suggest a solicitor for wills.

We also help update trustees and beneficiaries on older policies where the trust allows it.

We can also look at whether your new spouse needs cover of their own, and how to make sure their policies fit with yours.

Questions people ask us

Does getting married again cancel my will?

In England and Wales, marriage or civil partnership usually revokes an existing will unless it was made in anticipation of that marriage. Make a new will after you remarry. The rules differ in Scotland, so take advice if you live there. Until you do, your estate could pass under the intestacy rules, which may not reflect your wishes for children from a first marriage.

How do I protect my children from my first marriage?

A life policy written in trust with your children as beneficiaries ring-fences money for them. Your will can also include specific gifts or a trust. This avoids relying on your new spouse to pass money on. Choose trustees who will act fairly for your children, which may mean someone other than your new spouse.

Will my life insurance go to my ex-spouse?

It could if the policy is in trust with your ex as a beneficiary, or if they are named on pension or death-in-service forms. Check every policy and form. Depending on the trust, you may be able to change beneficiaries or trustees.

Should my new spouse and I have joint or single life insurance?

A joint policy can cover a shared mortgage. Single policies give you more control over where the money goes, which matters if you each have children from earlier relationships. Many couples use both. The right mix depends on how much you owe together, who relies on whose income and what each of you wants to leave.

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