Does marriage revoke a Will?

It’s a common presumption that once you make a Will, that’s it; it is set in stone, and your estate will be distributed per that document. Unfortunately, this is not always the case and often comes as an unwelcome surprise for those dealing with their loved one’s estate.

How marriage affects a Will

In the UK, if you get married or enter a civil partnership, a previously made Will is deemed invalid, and you will need to make another one. So, in short, yes, marriage does revoke a Will.

A Consultation Paper published in 2023 by the Law Commission found that most people do not know about this automatic revocation rule, and unfortunately, when the person is older or lacks capacity, this can be exploited.

What happens if you die with an invalid Will after marriage?

If you do not make a new Will after getting married or entering a civil partnership, your estate will be distributed per the rules of intestacy under the Inheritance and Trustees’ Powers Act 2014. This applies to England and Wales, and the rules are different in Scotland and Northern Ireland.

What are the rules of intestacy?

The rules of intestacy come into effect when someone dies without a valid Will and sets out how their estate should be divided.

Under the rules of intestacy, the deceased’s estate is divided as follows:

If the deceased was married or in a civil partnership

The estate (including assets and property up to a value of £322,000) goes to their spouse. The remainder is shared as follows:

• Half to the spouse or civil partner.
• Half is divided equally between any surviving children (if a child has predeceased them, their children will inherit once they turn 18).
• If there are no children, the surviving spouse or civil partner receives both halves.

If the deceased was not married or in a civil partnership

If there are children, they will inherit shares of the estate once they turn 18. If there are no children, the estate will be shared between the deceased’s surviving parents. If they are no longer alive, the estate goes to surviving siblings, half-siblings, grandparents, aunts and uncles (in that order).

If there are no living relatives, the full estate goes to the Government.

How to keep a Will valid after marriage

If you make a Will and you think you might (or plan to, i.e. you are engaged) get married or enter a civil partnership in the future, you can add a clause to the Will that states it is made ‘in contemplation of marriage’ and with whom it is in contemplation.

If you make a Will without stating that it is made in contemplation of marriage, and you get married or enter a civil partnership, your Will is deemed invalid. You will need to make a new Will (but bear in mind that you will be without a valid Will during this time).

How does divorce affect a Will?

Divorce does not necessarily make a Will invalid, but it does have an impact. When you divorce or your civil partnership is dissolved, your ex will no longer benefit from your Will as a Beneficiary or act as an Executor or Trustee. This may not be a problem, but if you have children or own a property together, it is important to update your Will to ensure it reflects your wishes.

Does remarriage affect my Will?

If you divorce and plan to remarry, your existing Will becomes invalid as soon as the marriage takes place.

It is important to make a new Will once you remarry, as, without one (or an invalid one), your children could be disinherited as your new spouse may inherit your estate as a Beneficiary under the rules of intestacy.

How to make a new Will

If you have made a Will but your circumstances have changed in any way, whether through marriage, divorce, having children or any other significant life event, it is important to update it. Having a valid Will is the only way to ensure your wishes are carried out after your death, and a professional Will writer can advise you on the best way of doing so.

Could the marriage revocation rule be about to change?

The Law Commission recently recommended abolishing the rule that the Will is revoked on marriage or entering into a civil partnership. This is because of the issue of predatory marriages, but also taking into consideration the growth in second families, and that intestacy rules do not account for modern-day family structures.

There is no update on when this may happen, if at all, but you can read our update on the proposed changes to Wills here.

Contact our Will Writers

Writing a Will is something people put off as it takes time and costs money, but the consequences of not having one can be far more costly and time-consuming for your loved ones.

To book an appointment with one of our Will Writers, call 0117 325 2929 or fill out our enquiry form.