What Happens to Your Will When You Get Married?
14th Sep 2026
What Happens to a Will on Marriage in England and Wales?
In England and Wales, marriage usually revokes an existing Will. This is a significant legal change that many people do not realise happens automatically. There is an important exception where the Will was made in contemplation of a particular marriage. In that situation, the Will should clearly say that it is intended to remain valid after that marriage, so that your wishes continue to apply.
Why Marriage Can Revoke an Existing Will
The reason behind this rule is that marriage often changes a person's family circumstances and the people they want to provide for. For that reason, the law assumes that an old Will may no longer reflect the testator's true intentions after marriage. That makes marriage one of the most important life events to consider when reviewing your estate planning.
In practical terms, relying on an old Will after marriage can create serious problems. If you have not taken legal advice, you may assume that your previous Will still stands when, in fact, it does not. This can leave your estate exposed to the intestacy rules if you die without making a new valid Will. It is especially risky where you have children from a previous relationship, own property with another person, or made gifts to specific beneficiaries in the original Will. What seemed like a settled plan may therefore be replaced by a very different outcome.
What Intestacy Could Mean for Your Estate
Intestacy is the legal term used when someone dies without a valid Will. If your existing Will has been revoked by marriage and you do not make a new one, your estate Will be distributed under the intestacy rules. Those rules set out who inherits in a fixed order, rather than following your personal wishes. As a result, your estate may be dealt with quite differently from what you had intended.
The intestacy rules can produce outcomes that feel unfair or unexpected. Your spouse may inherit more than you wanted, while other loved ones, such as children, stepchildren, or friends, may receive nothing at all. In some cases, intended beneficiaries are left out simply because the law does not recognise them in the way your family arrangement does. That is why it is so important not to rely on assumptions about what happens to an old Will after marriage. A valid updated Will is the best way to make sure your estate passes according to your wishes.
How to Make Sure your Will Remains Valid After Marriage
If you are planning to marry, you should review your Will before the wedding day. If the existing Will does not clearly state that it is made in contemplation of that specific marriage, it Will usually be revoked once you marry. Updating the Will before the ceremony can help avoid uncertainty and prevent your estate from falling into intestacy. It is also sensible to check that the wording matches your current wishes, rather than relying on a document made years ago. Taking action early gives you greater control over what happens to your estate.
When reviewing your Will, it is sensible to look at the wider picture as well. You should consider any jointly owned property, children from previous relationships, powers of attorney, and your broader estate planning objectives. Marriage can affect all of these arrangements, not just the Will itself. Life events such as separation, divorce, and having children are also good reasons to revisit your documents. Careful planning now can prevent confusion and conflict later.
How Gales Solicitors Can Help - Reviewing your Will & Legal Advice
At Gales Solicitors, we can review your existing Will and advise you on the legal effects of marriage. We can also help you update your documents so that they are properly drafted and legally effective under UK law. If your circumstances have changed, we can check whether your Will still reflects your wishes and whether wider estate planning arrangements need attention. Our aim is to help you avoid uncertainty and make sure your intentions are properly protected. Whatever legal issue you face, we are here for you.
We offer a friendly, professional and client-focused service, backed by trusted local legal expertise. Our team combines approachability with careful attention to detail, so you can receive advice that is both clear and reliable. If you are planning to marry, or you simply want peace of mind about your Will, we can provide tailored guidance to suit your circumstances. Expert advice with a friendly face. Contact Gales Solicitors for support in protecting your wishes and planning ahead with confidence.
FAQs
Can I change my Will after I get married?
Yes. You can make a new Will at any time after marriage to reflect your current wishes and family circumstances.What happens if I get married and die before making a new Will?
If your previous Will was revoked by marriage, your estate may be distributed under the intestacy rules.
Does separation affect my Will in the same way as divorce?
No. Separation alone does not usually have the same legal effect as divorce, so it is important to review your Will if your relationship changes.
Does divorce automatically cancel my Will?
Divorce generally treats your former spouse as though they had died before you for the purposes of the Will, but the rest of the Will may remain valid.
Can my new spouse challenge my Will?
In some circumstances, a spouse may be able to make a claim against an estate if they believe reasonable financial provision has not been made for them.
Do stepchildren automatically inherit from me?
No. Stepchildren do not normally inherit under the intestacy rules unless they have been legally adopted, so you should specifically provide for them in your Will if you want them to inherit.
Does marriage change who receives my pension or life insurance?
Not necessarily. Pensions, life insurance policies and other assets may pass according to separate nomination or ownership arrangements, rather than your Will.
Should my partner and I make Wills at the same time?
It can be sensible to review your estate plans together, particularly if you own property jointly, have children or have different wishes about inheritance.