Does marriage affect my Will?
Last verified: May 2026 (England & Wales)
Quick-read summary
Marriage is a happy milestone, but in England and Wales it can also cancel an existing Will. When you marry or enter a civil partnership, your existing Will is usually revoked unless it was made in contemplation of that specific marriage or civil partnership. If you do not make a new Will, or check the old one properly, the intestacy rules decide who inherits. That may look very different from what you intended, especially after remarriage or where there are children from a previous relationship.
The practical answer is to review the Will before the ceremony, or make a fresh Will soon after. The aim is simple: protect your spouse or civil partner, keep children’s inheritance on track, and avoid leaving the family to argue about what you meant.
Practical checklist
- Make or update your Will when you marry or form a civil partnership.
- If you already have a Will, check whether it was drafted in contemplation of that specific marriage or civil partnership.
- Remarrying with children from a previous relationship? Consider trust wording to balance survivor security with children’s inheritance.
- Do not rely on intestacy. It rarely matches what people expect.
- Check your property ownership and pension or death-in-service nominations at the same time, because a Will does not control everything.
What to consider
Revocation on marriage or civil partnership
Marriage or civil partnership usually cancels an existing Will unless that Will was deliberately made in contemplation of that specific marriage or civil partnership. If the Will does not clearly deal with that, assume it needs checking.
Remarriage and children
On remarriage, intestacy rules favour the new spouse or civil partner first. Children from an earlier relationship may receive less than expected, or nothing in some estates, unless the Will is updated.
Related reading: Blended families: protecting children and partners in your Will
Trust planning that balances everyone
A Life Interest Trust can help give a spouse or civil partner security while keeping capital on track for children or other ultimate beneficiaries. This is especially important where there are second-marriage, step-family or property-ownership issues.
Timing
Do not wait until after the wedding if the Will position matters. You can make a Will before the ceremony that is drafted in contemplation of the specific marriage or civil partnership, or you can sign a fresh Will soon after.
Law reform watch
The Law Commission has recommended changing the law so that marriage or civil partnership would no longer automatically revoke an existing Will. That is not the current law. Until any reform is actually brought into force, you should still assume that marriage or civil partnership can revoke a Will unless the Will has been properly drafted in contemplation of that specific marriage or civil partnership.
Cases
Emma and Daniel married after being together for years. Emma’s old Will was silently revoked by the wedding. A new Will ensured their home passed cleanly, and guardianship for their child was named correctly.
Ravi remarried and wanted to protect his second wife while ensuring that his two adult children from his first marriage inherited the family home. A Life Interest Trust gave his wife security for life, with the capital preserved for the children.
Margaret and Joan formed a civil partnership later in life. They each updated their Wills to provide for relatives and charities, removing doubt and avoiding disputes.
When it goes wrong
Tom and Claire decided to put off making Wills, “we’ll sort it after the honeymoon.” A year later, Tom died suddenly. His old Will had been cancelled by the wedding, and without a new one, Claire inherited under intestacy rules. The children Tom had from a previous relationship received nothing, and the family ended up in a painful legal dispute.
Does getting married cancel my Will?
Yes. Unless your Will was made “in contemplation of marriage” and clearly names your intended spouse, it is revoked by marriage or civil partnership.
What does “in contemplation of marriage” need to say?
It needs to be deliberately drafted for the specific marriage or civil partnership and should make clear that the Will is intended to remain valid afterwards. This is one to have checked rather than assume
Will my children lose their inheritance if I get married or remarried?
Not automatically. Intestacy prioritises your new spouse or civil partner first. A new Will, often with trust provisions, is the safer way to protect children’s shares.
Can I protect the family home for my children while still taking care of my spouse?
Often, yes. A Life Interest Trust can allow a spouse or civil partner to live in the property, or receive income, while helping to keep the capital on track for your chosen beneficiaries.
Do these rules also apply to civil partnerships?
They do. Entering a civil partnership has the same effect on Wills as marriage.
When should I update my Will if I’m engaged?
Before the ceremony if possible, or as soon as possible afterwards. If you already have a Will, do not assume it survives the wedding or civil partnership without a proper check.
Technical notes
Intestacy shares in practice: If you die married or in a civil partnership without a valid Will, your spouse or civil partner takes personal chattels, a statutory legacy and half of the remaining estate. For deaths from 26 July 2023, the statutory legacy is £322,000. The other half of the remaining estate passes to children or other descendants. In blended families, this can create practical pressure around the family home.
Civil partnerships: Civil partners are treated like spouses for succession purposes.
Protective claims: Under the Inheritance (Provision for Family and Dependants) Act 1975, children or dependants left out of a Will may be able to apply for reasonable financial provision. That route is uncertain, costly and stressful compared with making a clear Will.
This article is general information only, not individual advice.
If you’d like help applying this to your circumstances, we can guide you through the options.
Next steps
Marriage or civil partnership can quietly unsettle a Will that looked fine yesterday. The safest route is a short review before the ceremony, or a fresh Will soon afterwards.If you are engaged, newly married, entering a civil partnership, or remarrying with children from an earlier relationship, we can check whether your current Will still works and explain the options.Book a 10-minute call, request a callback, or send a message. If the issue needs more detail, we can then arrange a 30-minute consultation and agree the drafting and signing plan.
