Understanding How Marriage Affects Your Will

Marriage is one of the most important milestones in life, but it also has serious legal implications that many people overlook. One of the most common misconceptions is that once you have made a Will, your wishes will remain valid for life. Unfortunately, that’s not always the case.

Under the laws in England and Wales, getting married automatically revokes any existing Will, unless it was specifically made “in contemplation of marriage.” That means if you get married without updating your Will, your estate may not go where you intended, and in some cases, your loved ones could receive nothing at all.

At Best Solicitors, our Wills and Probate solicitors regularly help clients navigate these complex rules and ensure their wishes are legally protected through every stage of life, including marriage, divorce, and remarriage.

Why Does Marriage Invalidate a Will?

In England and Wales, the law assumes that marriage marks a major change in your personal circumstances. Because of that, your previous Will is automatically revoked upon marriage, unless the Will specifically states it was written in contemplation of marriage to a named person.

For example, if you wrote a Will before getting married but it doesn’t mention your upcoming marriage to your partner, that Will becomes invalid the moment you say “I do.”

Once that happens, your estate will be distributed under the rules of intestacy, not according to your written wishes.

What Happens If You Die Without a Valid Will?

If your Will has been revoked by marriage and you pass away before making a new one, the law treats you as having died intestate. This means your estate will be distributed according to strict legal guidelines, not personal choice.

Under current intestacy laws in England and Wales:

• If you’re married but have no children, your spouse inherits your entire estate.
• If you’re married and have children, your spouse receives:
  • All personal possessions (your chattels),
  • The first £322,000 of your estate (the “statutory legacy”), and
  • Half of the remaining estate.

The other half of what remains is divided equally among your children.

It’s also important to note that step-children and foster children are not automatically recognised under intestacy laws. If you wish for them to inherit, they must be specifically named in a valid Will. Without proper planning, this can lead to serious consequences, especially for blended families, unmarried partners, or those with children from previous relationships.

Making a Will in Contemplation of Marriage

If you are engaged or planning to get married, one option is to make a Will in contemplation of marriage. This type of Will includes a clear statement that it is made with your upcoming marriage in mind and names the person you intend to marry.

For instance, you might include a clause such as:

“This Will is made in contemplation of my marriage to [partner’s full name], and shall not be revoked upon such marriage taking place.”

By doing so, your Will remains legally valid after marriage, ensuring that your estate will still be distributed according to your wishes. Our estate planning solicitors can help you draft or amend your Will in contemplation of marriage, ensuring every clause is legally sound and tailored to your unique circumstances.

Updating Your Will After Marriage

If you didn’t create a Will in contemplation of marriage, it’s essential to make a new Will as soon as possible after your wedding. This ensures your estate plan reflects your new circumstances, for example, if you now share property, finances, or have new dependants to consider.

Updating your Will after marriage also allows you to:

• Provide for your spouse in the way you choose (rather than by intestacy rules).
• Protect any children from previous relationships.
• Name new executors or trustees if needed.
• Ensure your estate is divided fairly between all beneficiaries.

Even if your situation seems straightforward, a new Will gives you complete control over how your assets are managed and distributed.

How Divorce Affects Your Will

Unlike marriage, divorce does not revoke your Will. However, it does change how your Will operates. Once a divorce is finalised, your ex-spouse is treated as though they predeceased you, meaning they cannot inherit from your estate or act as executor or trustee.

This can create gaps or unintended consequences. For example, if your ex-spouse was your main beneficiary and executor, and you haven’t updated your Will, your estate may be distributed in ways you never intended. Our legal advice team can review your Will following a divorce or separation to ensure it still reflects your wishes and remains legally valid.

How Remarriage Can Impact Your Will

Remarriage adds another layer of complexity to estate planning. When you remarry, your previous Will is automatically revoked, just as it was by your first marriage. If you do not create a new Will, the rules of intestacy will apply, and your new spouse will likely inherit most, if not all, of your estate.

This can unintentionally disinherit your children from a previous marriage or relationship.

To avoid this, you can:

• Create a new Will after marriage that provides for both your spouse and your children.
• Establish a trust to protect your children’s inheritance while still providing for your spouse.

Our team can help you structure your estate in a way that honours your obligations to your current partner while safeguarding your children’s future. Learn more about our trusts and inheritance planning services.

Using Trusts to Protect Children from Previous Relationships

Trusts are one of the most effective tools for ensuring your estate is distributed fairly between your spouse and children from previous relationships.

For example, a Life Interest Trust can allow your new spouse to live in your shared home or receive income from your assets during their lifetime, while guaranteeing that the property eventually passes to your children.

This approach can prevent family disputes, protect vulnerable beneficiaries, and make sure your estate is managed in line with your long-term wishes.

Our Wills and Probate solicitors can advise on setting up the right type of trust for your circumstances, giving you peace of mind that your loved ones will be provided for.

Common Mistakes People Make with Their Will After Marriage

Even well-intentioned people make errors when it comes to updating their Will. Some of the most common include:

• Assuming your old Will is still valid – once you marry, it’s automatically revoked unless made in contemplation of marriage.
• Failing to update executors and guardians – your marriage might change who you want to manage your estate or care for your children.
• Neglecting to include step-children or dependants – they won’t inherit under intestacy unless named in your Will.
• Overlooking jointly owned property or pensions – these may pass outside of your Will and need separate planning.
• Not seeking legal advice – DIY or outdated Wills can easily miss key clauses that protect your loved ones.

Avoiding these mistakes starts with professional guidance. Speaking with a solicitor ensures your Will remains watertight and truly reflects your intentions.

The Importance of Regularly Reviewing Your Will

Marriage is just one of several life events that should trigger a review of your Will. Others include:

• Buying or selling a property
• Having children or grandchildren
• Divorce or separation
• Receiving an inheritance
• Setting up a business
• Retirement or significant financial change

Even if your circumstances don’t change, reviewing your Will every three to five years ensures it still meets your wishes and complies with current law. Our estate planning solicitors offer comprehensive Will reviews to ensure your documents stay up to date and your estate remains protected.

While online templates and DIY Will kits may seem convenient, they often fail to address complex legal details, particularly around marriage, remarriage, and inheritance. Working with a solicitor ensures your Will is properly executed, compliant with the laws in England and Wales, and reflective of your personal circumstances.

You can speak with one of our experienced legal advice team members for confidential support and tailored guidance.