Does marriage revoke a will UK residents have already made? Imperial Law is frequently asked this by couples who are planning a wedding, entering a civil partnership or reviewing their affairs after getting married.
In England and Wales, marriage or the formation of a civil partnership will usually revoke an existing will. Unless a recognised exception applies, the old will becomes invalid from the date of the marriage or civil partnership.
This rule can produce serious unintended consequences, particularly for people with children from an earlier relationship. At Imperial Law, we help individuals and couples prepare wills that reflect their relationships, family circumstances and long-term intentions.
Why Does Marriage Revoke a Will?
Section 18 of the Wills Act 1837 provides that a will is generally revoked when the person who made it subsequently marries.
The principle recognises that marriage creates new legal rights and responsibilities. A will made while someone was single may not provide for their new spouse or reflect the financial arrangements created by the marriage.
However, many people are unaware of this rule. They may assume that an existing will remains effective until they deliberately replace or destroy it. In reality, the marriage itself can invalidate the document without any further action.
Government guidance confirms that if someone already has a will when they get married or form a civil partnership, it will usually become invalid.
What Does Revocation Mean?
When considering “does marriage revoke a will UK?”, revocation means that the previous document will normally no longer determine how the person’s estate should be distributed.
The gifts written into the old will generally cease to have effect. The executors appointed in that document also lose their authority to administer the estate under its terms.
Should the person die without making a replacement will, they are likely to be treated as having died intestate. Their estate will then be distributed according to statutory rules rather than their previous written wishes.
Revocation does not mean that the former will is physically destroyed. The document may still exist, but it will no longer operate as a valid will.
What Is a Will Made in Contemplation of Marriage?
An important exception applies where a will has been made in contemplation of marriage to a particular person. Proper wording can prevent the forthcoming marriage from revoking the document.
The will should make clear that:
- The person expects to marry a specifically identified individual.
- The will has been prepared with that marriage in mind.
- The person intends the will to remain valid after the marriage takes place.
Simply being engaged when a will is signed may not be sufficient. The document itself should clearly record the relevant intention.
Therefore, does marriage revoke a will UK couples prepared shortly before their wedding? Not necessarily, but only if the will has been drafted correctly in contemplation of marriage to that particular person.
Professional drafting is important because vague wording may leave uncertainty about whether the exception applies. A solicitor can prepare the will so the intended legal effect is clearly recorded.
Does a Civil Partnership Revoke a Will?
Forming a civil partnership generally has the same effect on a will as getting married. An existing will is normally revoked unless it was made in contemplation of the civil partnership and drafted to remain valid afterwards.
Couples should therefore review their wills before registering a civil partnership. Assuming that an old will continues automatically could result in the estate passing under the rules of intestacy.
A special rule may apply where an existing civil partnership is converted into a marriage. Under section 18D of the Wills Act, the conversion itself does not normally revoke a will made before the conversion.
Nevertheless, reviewing the document remains sensible. Even where the will is technically valid, it may no longer reflect the couple’s property, family structure or intentions.
What Happens If You Die Without Making a New Will?
When marriage revokes an existing will and no replacement is created, the estate is generally distributed under the rules of intestacy.
A surviving spouse or civil partner will usually be entitled to inherit some or all of the estate. The precise outcome depends on factors such as the estate’s value and whether the deceased had children.
If there are no children, the surviving spouse or civil partner will generally inherit the estate. Where children survive, the spouse or civil partner may receive the personal possessions, a statutory legacy and part of the remaining estate, with the balance passing to the children.
Our guide to the rules of intestacy explains who may inherit when someone dies without a valid will.
Intestacy may create an outcome that differs significantly from the terms of the revoked will. Friends, charities, unmarried dependants and stepchildren who have not been legally adopted do not automatically inherit under these rules.
How Can Remarriage Affect Children?
The question “does marriage revoke a will UK?” is particularly important for people entering a second or subsequent marriage.
Someone may have an existing will leaving their estate to children from an earlier relationship. If they remarry, that will is normally revoked. Should they then die without making another valid will, the new spouse may inherit a substantial part of the estate under intestacy.
This does not necessarily mean that the children will receive nothing, but the division may be very different from what their parent intended. Stepchildren may also be excluded unless they were legally adopted or included in a valid will.
Careful planning can help balance the needs of a new spouse with the wish to preserve an inheritance for children. Depending on the circumstances, suitable options may include carefully drafted gifts, trusts or rights allowing a spouse to remain in a property during their lifetime.
What Happens to Mirror Wills After Marriage?
Couples who prepared wills before getting married should not assume that having matching documents protects them from revocation. If the wills were not made in contemplation of their specific marriage, both may become invalid when the wedding takes place.
Fresh wills can be created after the marriage. Alternatively, properly drafted wills may be signed beforehand with wording confirming that the forthcoming marriage should not revoke them.
Our article about mirror wills in the UK explains how these arrangements work and why they may require additional consideration for blended families.
Although mirror wills can reflect shared intentions, they remain separate documents. Each person can normally change their will independently, including after the other spouse has died.
Does Divorce Revoke a Will?
Divorce does not usually revoke an entire will in the same way as marriage. Instead, once a divorce or civil partnership dissolution becomes final, the former spouse or civil partner is generally treated as having died before the person who made the will.
As a result, gifts to the former spouse may fail, and their appointment as executor or trustee may no longer take effect. The remaining provisions of the will can continue to operate, provided they still make legal and practical sense.
Separation alone does not have the same effect. Until the marriage or civil partnership has been legally ended, the spouse or civil partner may retain their position under the will and potential rights under intestacy.
Anyone separating or divorcing should review their will promptly. Waiting for the legal process to conclude can leave unwanted arrangements in place during the intervening period.
Do Jointly Owned Assets Still Pass Automatically?
Not every asset passes under a will. Property owned as beneficial joint tenants will usually pass automatically to the surviving owner, regardless of what the will says.
Joint bank accounts may also pass to the surviving account holder, although the exact beneficial ownership of the money can sometimes require closer examination. Life insurance, pensions and other assets with nominated beneficiaries may be handled separately from the estate.
Marriage does not automatically change how every asset is owned. Couples should review their property ownership, pension nominations, insurance policies and wills together to create a consistent estate plan.
When Should You Make a New Will?
Anyone planning to marry or form a civil partnership should review their existing will before the ceremony. Depending on the timing, they may make a will in contemplation of the marriage or arrange to sign a fresh document afterwards.
Already married couples who have not updated their wills should act as soon as possible. An unexpected death could otherwise leave the estate subject to intestacy.
The same advice applies following divorce, separation, the birth of a child, a property purchase or a significant financial change. Our guide explains why you should consider using a professional will writing service in Wolverhampton rather than relying on an outdated or incorrectly prepared document.
Protecting Your Wishes After Marriage
Ultimately, does marriage revoke a will UK couples made before their wedding? In England and Wales, the answer is usually yes, unless the will was properly made in contemplation of marriage to a particular person.
Reviewing your will before or shortly after marriage can prevent intestacy, protect children from previous relationships and ensure the people you choose are responsible for administering your estate.
For advice about making a will, updating an existing document or planning for a second marriage, please contact us. Imperial Law can help you put clear, legally effective arrangements in place for the people who matter most.
