Getting Married? Your Will Just Became Invalid

You made a will years ago. You were sensible, responsible, got it all sorted. Then you got married. Congratulations on the wedding. Condolences on your now-worthless will.

This isn't a quirk of the legal system that sometimes applies. It's an absolute rule. Under Section 18 of the Wills Act 1837 (yes, a law from 1837 still governs this), marriage automatically revokes any existing will.

Many people discover this only when it's too late - after a spouse has died, when the family tries to carry out wishes that are no longer legally valid.

Why Does Marriage Revoke a Will?
What About Civil Partnerships?
What About Divorce?
The Exception: Contemplation of Marriage
What to Do Before Your Wedding
What to Do After Your Wedding
The Real Danger
Frequently Asked Questions
Next Steps

Why Does Marriage Revoke a Will? {#why}

The law assumes that when you marry, your circumstances change so fundamentally that you'd want to make a new will anyway. Rather than leave old wills in place that might not reflect your new relationship, the law wipes the slate clean.

This dates back to 1837, when property rights and family structures were very different. Historically, a woman's property became her husband's upon marriage. A pre-marriage will leaving her property to others would conflict with her husband's new legal ownership.

While property law has long since changed, this automatic revocation has remained. Parliament has had opportunities to reform it but hasn't.

The Practical Effect

If you had a will before marriage and don't make a new one after:

Your existing will is completely void
You die intestate (as if you never made a will)
Government intestacy rules determine who inherits
Any guardians you named for children are no longer appointed
Any specific bequests you made are cancelled

What About Civil Partnerships? {#civil-partnerships}

Civil partnerships have exactly the same effect as marriage. Entering into a civil partnership automatically revokes any existing will, just like marriage does.

This was established by the Civil Partnership Act 2004, which gave civil partners the same legal treatment as married couples in inheritance and estate matters.

What About Divorce? {#divorce}

Divorce does NOT revoke your will. This catches many people out.

If you divorce:

Your will remains valid
BUT any gifts to your ex-spouse are treated as if they died before you
Any appointment of your ex-spouse as executor is also void

Example

Sarah's will leaves everything to her husband James, with their children as backup beneficiaries. Sarah and James divorce. Sarah doesn't update her will. Sarah dies.

Result: Sarah's will still exists, but the gift to James fails. The estate passes under the backup clause to their children.

If there's no backup clause, the gift to James falls into the residuary estate. If there's no residuary clause, intestacy rules apply to that portion.

The Risk

If you don't update your will after divorce:

Your wishes might not be carried out as you intended
Intestacy rules might give your estate to people you didn't intend
Your new partner (if you have one) gets nothing
Your estate administration becomes more complicated and expensive

Always update your will after divorce.

The Exception: Contemplation of Marriage {#exception}

There is one way to make a will that survives marriage: the "in contemplation of marriage" clause.

If your will specifically states that it is made in contemplation of your marriage to a named person, it remains valid after you marry that person.

The Precise Wording Matters

The will must:

State that it is made in contemplation of marriage
Name the specific person you're planning to marry
Express that the will should not be revoked by that marriage

A typical clause might read:

"I make this will in contemplation of my forthcoming marriage to [Partner's Full Name] and declare that this will shall not be revoked by that marriage."

Limitations

The clause only protects the will from revocation by marriage to the named person
If you marry someone else, the will is still revoked
If you never marry, the will remains valid
This must be part of the original will, not added later

When to Use This

Consider a will in contemplation of marriage if:

You're engaged and want to protect existing beneficiaries
You have children from a previous relationship
You have specific wishes that marriage wouldn't change
You want to ensure certain assets pass to certain people regardless of marriage

What to Do Before Your Wedding {#before}

Option 1: Make a New Will After the Wedding

The simplest approach for most couples:

Get married
Make a new will shortly after (within weeks, not months)
Ensure both partners make wills that reflect your married situation

This is the recommended approach for most couples, especially if you're making mirror wills that leave everything to each other.

Option 2: Make a Will in Contemplation of Marriage

If you have specific reasons why your current will should survive marriage:

Consult a solicitor (this is too important to DIY)
Include the proper contemplation of marriage clause
Name your future spouse specifically
Ensure the wording is correct

This is more relevant for:

People with children from previous relationships
Complex estates
Specific bequests that should survive regardless
Situations where you want certain assets protected

What to Do After Your Wedding {#after}

Make a new will as soon as possible. Not in six months. Not when things calm down. Now.

Your Post-Wedding Will Checklist

Executors:

Consider naming your spouse as an executor (common, but not required)
Have backup executors in case your spouse can't act

Guardians (if you have children):

Confirm or update guardian choices
Consider your spouse's role as surviving parent
Name backup guardians

Beneficiaries:

Typically everything to spouse, then children
Consider what happens if you both die together
Consider children from previous relationships

Property:

Review how you own property (joint tenants vs tenants in common)
Consider whether a will trust is needed

Mirror Wills

Most married couples make mirror wills - identical wills that leave everything to each other, then to their children. This is simple and effective for most situations.

A typical structure:

Everything to spouse if they survive you by 28 days
If spouse doesn't survive, everything to children equally
If children don't survive, to backup beneficiaries
Guardians named for minor children

The Real Danger {#danger}

The danger isn't that couples don't know they need a will. Most people accept that. The danger is the gap.

The Gap

Between the wedding day and making a new will, you're intestate. For many couples, this gap lasts:

Weeks (the organised ones)
Months (the busy ones)
Years (the procrastinators)
Forever (the ones who never get around to it)

What Intestacy Means for Married Couples

If you die intestate (no valid will) while married with children:

Your spouse gets personal possessions
Your spouse gets the first £322,000
Your spouse gets half of anything over £322,000
Your children share the other half

This might not match your wishes. And crucially:

You haven't named guardians for your children
You haven't named executors
Sorting out your estate is harder and more expensive

Specific Risks

Second marriages: Without a will, your estate could end up with your spouse's future partner or children, rather than your own children from a previous relationship.

Business owners: Your business interests could be frozen or mishandled without proper succession planning.

Unmarried children: If your children are under 18, they inherit at 18 - you can't defer to 21 or 25 without a will.

Frequently Asked Questions {#faq}

Key Takeaways

Marriage revokes your will - This is automatic and absolute in England and Wales
Civil partnerships have the same effect - Treat them identically
Divorce doesn't revoke your will - But update it anyway
The contemplation exception exists - But needs careful drafting
Make a new will immediately after marrying - Don't leave a gap

Next Steps {#next-steps}

Last updated: January 2026. This article is for informational purposes only and does not constitute legal advice. The law on wills and marriage differs in Scotland. Seek professional advice for complex situations.