Does Marriage Revoke a Will? | Wills After Marriage

The marriage laws in England and Wales stipulate that a pre-existing Will is revoked once you enter into a legally-binding marriage contract. This legal provision ensures that your new spouse is considered in your estate planning. However, it can lead to unintended consequences if you pass away without making a new Will.  

It’s important to note that the Rules of Intestacy do not recognise an unmarried partner, stepchildren or foster children, who can only inherit if explicitly named in a Will.

To prevent your Will from becoming void upon marriage, you can create a Will “in contemplation of marriage”. This Will must specify the person you intend to marry, making it a viable option for engaged couples who want their Will to remain valid after tying the knot. However, this option is not available if you are not yet engaged or unsure of who you will marry. 

Alternatively, you can draft a new Will after your marriage, ensuring that your estate is distributed according to your current wishes. It’s important to act promptly to avoid any period where you are without a valid Will. 

Mirror Wills are often created by married couples to reflect similar wishes. However, they come with their own set of challenges. Although each mirror Wills can legally binding, they do not create a contractual obligation between spouses. This means either party can revoke or alter their Will without informing the other, either during the lifetime of their spouse or after their spouse has died. To ensure that specific items or assets are bequeathed to intended beneficiaries, it’s advisable to explicitly include these provisions in your individual Will rather than relying solely on a mirror Will. 

There are a range of ways to protect assets if you are worried about what will happen to them if your spouse survives you and then remarries or changes their Will. Talk to us about your options. 

If you remarry after a divorce, the impact on your Will is the same as with a first marriage: any existing Will becomes void. This can lead to complications, particularly if you have children from a previous relationship. Without a new Will, your new spouse might inherit most or all of your estate under the Rules of Intestacy, potentially disinheriting your children from a previous marriage. 

To safeguard your children’s inheritance, it’s essential to have a new Will if you have significant assets you wish to protect. 

Marriage significantly affects your Will, and it is crucial to update your estate planning documents to reflect this life change. If you are contemplating marriage, or if you have recently become married, by working with our solicitors you can ensure that your estate is distributed according to your wishes. 

Our job as expert Wills, Trust and Probate Solicitors is to listen to your wishes and then use our legal expertise to ensure that your Will reflects them. We will provide you with our tailored Will questionnaire and walk through the options with you, asking you the right questions to avoid any major pitfalls. We will then draft your Will, and if you are happy with it, you can sign it that day and store it safely in our strongroom. 

Our aim is to make the process as simple as possible for you, while we deal with the legal complexities. To book your meeting, call our office on 01273 604 123 today so we can explain the process, as well as what information we need from you to provide advice. You can also email us at enquire@bbc-law.co.uk or make an enquiry.