Wills and Marriage
Marriage is a major life event — but it also has important legal consequences for your Will.
If you are getting married, already married, cohabiting, or going through a separation, it is essential to understand how Wills and marriage interact. In some cases, your Will may no longer be valid at all.
This guide explains:
- Whether a Will is revoked by marriage
- The importance of making a Will before marriage
- How Wills work for married and unmarried couples
- What happens to your Will after divorce or remarriage.
Why Making a Will Matters When Your Relationship Status Changes
Whether you are married or not, having a Will in place ensures your wishes are followed.
Making or updating your Will can help you:
- Protect your spouse or partner financially
- Decide who inherits your assets
- Reduce inheritance tax where possible
- Appoint guardians for your children
- Avoid disputes between family members.
Does Marriage Revoke a Will?
Yes — in most cases, a Will is revoked by marriage.
When you marry or enter into a civil partnership, any existing Will is automatically cancelled unless it was made in contemplation of that specific marriage.
This means:
- Your previous Will becomes invalid
- Your estate may fall under the rules of intestacy
- Your wishes may no longer be followed.
Because of this, reviewing your Will is one of the most important steps in planning a marriage.
Read more> Does Marriage Revoke a Will?
Wills for Unmarried Couples
Wills for unmarried couples are particularly important because unmarried partners do not automatically inherit.
This means:
- Your partner may receive nothing under the intestacy rules
- They may have no legal say in funeral arrangements
- They could face financial hardship or even loss of their home.
If you are cohabiting, making a Will is the most reliable way to ensure your partner is provided for.
If you have been living together for at least two years and share a joint bank account, your partner can usually keep the money in that account. However, beyond this, unmarried partners do not automatically inherit anything from your estate.
Without a Will, your partner would only receive anything if your family agrees — or if they choose to bring a legal claim for “reasonable financial provision,” which can be costly, time-consuming, and emotionally difficult.
Making a Will is the most reliable way to ensure your partner is properly provided for.
If you are making a Will before marriage, it is important to understand that a Will is usually revoked by marriage or civil partnership. However, it can remain valid if it is made in contemplation of marriage.
This means:
- You must be planning to marry a specific person
- The marriage must be expected within a reasonable timeframe.
Simply intending to marry someone at some point in the future is not enough.
While making a Will before marriage is still an important step, it can involve complications. If you have clear wishes about how your estate should be managed or distributed, taking legal advice early can help ensure everything is set up correctly.
Wills for Married Couples or Civil Partners
Wills for married couples offer important legal and financial advantages.
Married couples or civil partners can:
- Leave assets to each other free from inheritance tax
- Transfer unused inheritance tax allowances
- Benefit from combined tax thresholds.
When one partner dies, any unused inheritance tax allowance can be transferred to the surviving spouse. This means the surviving partner may be able to pass on up to £650,000 tax-free (based on current thresholds of £325,000 each). With recent changes, this combined allowance can increase to £1,000,000 in certain circumstances.
While this can significantly reduce inheritance tax, it is important to remember that rising property prices mean that even relatively modest estates may still exceed these thresholds.
Without a Will, however, the rules of intestacy apply — and these rules can be complex and may not reflect your wishes.
Property Ownership and Cohabiting Couples
How you own your home also affects your estate:
- Joint Tenants — your share automatically passes to your partner
- Tenants in Common — your share passes according to your Will.
If you want control over who inherits your share, a Will is essential.
Cohabiting couples do not have the same legal rights as married couples. This can create serious issues if one partner dies without a Will.
If the surviving partner does not jointly own the property, they may have no automatic right to stay in the home. The property would instead be distributed under the rules of intestacy, which could leave them in a very vulnerable position.
If you own your property as Tenants in Common, each of you owns a separate share. If one partner dies without a Will, their share will pass under intestacy rules — not automatically to the surviving partner. This can create complex and stressful situations and, in some cases, lead to disputes or court proceedings.
If you own your property as Joint Tenants, your share will automatically pass to the surviving partner when you die. This happens regardless of what your Will says.
It is important to understand that you cannot leave your share of a jointly owned property (as Joint Tenants) to someone else in your Will. If you want control over who inherits your share, consider owning the property as Tenants in Common and making a Will to reflect your wishes.
Divorce and Wills
If you separate or divorce, your existing Will may no longer reflect your wishes.
During Separation
- Your spouse may still inherit
- They may still be your executor.
During a divorce or separation period, your legal partner will probably still be your Will’s main executor and your Will’s main beneficiary. This might not be what you want anymore, especially if you are parting on bad terms. For that reason alone, it’s important to rewrite a Will during the separation period.
It is also important, when separating, to ensure that your possessions and property are owned separately; otherwise, large parts of your estate may default to your ex-spouse.
After Divorce
- Gifts to your ex-spouse usually fail
- They are no longer treated as a beneficiary or executor.
Once a divorce has happened, your Will still exists – therefore, it is still important to rewrite it, as it may no longer reflect your wishes. However, any gifts to your ex-spouse will lapse, and they will no longer be the executor of your Will. This may or may not be what you want; in either case, you should rewrite your Will, as your Will may be left without any executor or with too few executors, presenting significant problems.
Remarriage and Your Will
Remarrying has a significant effect:
- A Will is revoked by marriage again unless made in contemplation
- Previous estate plans may be cancelled
- Children from earlier relationships may be unintentionally disinherited.
If you are remarrying, it is crucial to review your Will to ensure all beneficiaries are protected.
Remote Wills
Abroad or can’t access a solicitor’s office? Here’s how to make a Will, and ensure your wishes are protected.
A Will allows you to appoint guardians for your children.
Without a Will:
- The courts may decide who cares for your children
- Decisions may not reflect your wishes.
You can also:
- Appoint backup guardians
- Provide for stepchildren
- Set out financial arrangements for your children.
Child custody or arrangements for children can easily go to the “wrong” person, especially if the other parent named on the birth certificate is an unsuitable guardian.
Whether you are in a legally recognised partnership, separating, divorced or remarried, you should appoint legal guardians in your Will if you would like to be able to control who receives child custody in the event of your death. You must, of course, find out first if they are prepared to act as your children’s legal guardians!
You may also need to appoint alternative guardians if your preferred legal guardians are unable to fulfil their role.
Unless you formally adopt a stepchild, they will not inherit in the event of intestacy. If you would like a member of your stepfamily to inherit, it is often easiest to specify them in your Will and keep the Will up to date.
Read more> Wills for Blended Families UK.
Many couples choose to create mirror Wills, which are separate but nearly identical documents that leave assets to the same beneficiaries.
Other options include:
- Joint Wills — rare and not commonly recommended
- Mutual Wills — legally binding but restrictive.
The key feature of mutual Wills is that they are legally binding. Once one partner dies, the surviving partner is usually not able to change their Will — even if they later remarry.
This can be helpful if you want to make sure certain beneficiaries, such as children from a previous relationship, are protected and cannot be written out of the Will later.
However, it can also be restrictive. If your circumstances change — for example, if you remarry — you may still be bound by the original terms, which may no longer reflect your wishes.
For this reason, many couples choose a more flexible option known as mirror Wills. These are separate Wills that are almost identical, typically leaving everything to each other and then to the same beneficiaries. Unlike mutual Wills, mirror Wills can be updated if your circumstances change.
Read more> Understanding Mirror Wills: Pros and Cons for Couples.
The legal position for same-sex married couples and civil partners is the same as for heterosexual couples.
This means:
- The same inheritance tax benefits apply
- The same rules on Wills and marriage apply.
- A Will is revoked by marriage in the same way.
Whether a partner within a married couple is trans or cis, and whether a transition began before or after the marriage, makes no difference to your rights as a married couple with respect to Wills and inheritance as long as you are still together.
The benefits of a same sex marriage or a civil partnership are the same as a heterosexual marriage when it comes to making a Will. A same-sex marriage is identical to a heterosexual marriage when recognised, but it may not be recognised in some areas of the U.K., such as Northern Ireland (at time of writing) — which is the only reason we make the distinction.
Frequently Asked Questions — Wills and Marriage
<h2>Frequently Asked Questions — Wills and Marriage
Yes. A Will can remain valid after marriage if it is made in contemplation of marriage to a specific person. This must be clearly stated in the Will and properly drafted.
If your Will is revoked by marriage and you do not make a new one, your estate will be distributed under the rules of intestacy. This means you lose control over who inherits.
Yes. Even though couples often have similar wishes, each person must have their own Will. This is why many people choose mirror Wills rather than a single joint Will.
Not always. While spouses do inherit under intestacy rules, the exact distribution depends on your estate and whether you have children. This may not reflect your wishes.
Your Will remains valid, and your spouse may still inherit or act as executor. This is why it is important to update your Will as soon as you separate.
Yes. Unmarried partners may be able to make a claim for “reasonable financial provision,” but this involves legal proceedings and is not guaranteed.
Yes. Being married does not limit your ability to decide who inherits your assets. A Will allows you to distribute your estate however you choose.
Yes. Stepchildren do not automatically inherit under intestacy rules, but you can include them in your Will to ensure they receive part of your estate.
Speak to Our Wills and Probate Team
If you have any further questions or concerns about making a Will and your current circumstances, please do get in touch with us. We pride ourselves on our breadth of experience and sensitivity in Wills, Trusts and Probate, and enquiries can be made without any obligation.
Contact us today on 01273 604123 or email enquire@bbc-law.co.uk to discuss your situation.
David Edwards
David Edwards is Managing Director and Head of the Private Client team at Burt Brill & Cardens. He advises on a wide range of private client matters, drawing on decades of experience. David has been a Director of the firm since 1986 and is a member of the Society of Trust and Estate Practitioners (STEP) and a Member of the Association of European Attorneys. He is also a past President of the Sussex Law Society.
Read More About DavidThank you so much once again for your exceptional service and efficiency in preparing both our Wills and our LPAs, we really are most grateful.
Get in touch
Speak to one of our solicitors today. We would love to hear from you and discuss any legal issues you may have and how we can assist you.
