Does Marriage Revoke a Will in England and Wales?
Yes, marriage or civil partnership automatically revokes any existing Will in England and Wales. Under Section 18 of the Wills Act 1837, if you marry or enter a civil partnership after making a Will, that Will becomes invalid unless it was specifically made “in contemplation of marriage” to your new spouse or civil partner. This longstanding rule applies regardless of your intentions and can catch people completely unaware, often resulting in their estate being distributed according to intestacy laws rather than their original wishes.
The purpose of this automatic revocation rule is to protect new spouses and civil partners by ensuring they receive appropriate provision from their partner’s estate. However, many people remain unaware of this legal requirement, and the Law Commission has found that most individuals do not know that marriage revokes their Will.
The Legal Framework: Section 18 of the Wills Act 1837
Section 18(1) of the Wills Act 1837 states that “a Will shall be revoked by the testator’s marriage”. This legislation has governed Wills in England and Wales since the Victorian era and applies equally to civil partnerships since their introduction in 2005.
The only exception to this rule exists under Section 18(3). This provision states that a Will remains valid if it clearly indicates that the testator expected to marry a particular person and intended that marriage not to revoke the Will. This requires specific wording naming the intended spouse and declaring that the Will should survive the marriage.
What Happens When Your Will Is Revoked by Marriage
When marriage revokes your Will, your estate does not simply pass to your new spouse. Instead, if you die without making a new Will, your estate is distributed according to the intestacy rules set out in the Administration of Estates Act 1925.
Under current intestacy rules in England and Wales, the distribution depends on whether you have children. If you are married with no children, your spouse inherits your entire estate. However, if you have children, your spouse receives your personal chattels and a statutory legacy of £322,000 (including interest from the date of death), whilst the remainder of your estate is divided equally between your spouse (50%) and your children (50%).
This automatic distribution can create significant problems, particularly for blended families or where you intended to make specific gifts to particular individuals. Your carefully considered estate plan, including provisions for children from previous relationships, charitable bequests, or specific gifts, simply disappears.
The Impact on Blended Families
The automatic revocation rule poses particular challenges for blended families, where one or both spouses have children from previous relationships. If you remarry without updating your Will, the intestacy rules may not reflect your wishes regarding provision for your own children.
For example, if you remarry and die without making a new Will, your new spouse receives the first £322,000 and half of the remaining estate, with your children sharing the other half. This may leave your children from a previous relationship with significantly less than you intended, or your new spouse with more than you planned. Moreover, if your new spouse subsequently dies, their estate (which now includes assets from your estate) will pass according to their Will or intestacy, potentially excluding your children entirely.
Blended families require particularly careful estate planning to ensure all family members are provided for according to your wishes. This includes considering provisions for stepchildren, who are not automatically entitled to inherit under intestacy rules unless formally adopted.
Practical Steps to Avoid Unintended Revocation
To ensure your estate plan remains effective after marriage, you have several options. The most straightforward approach is to make a new Will after your marriage, clearly setting out your wishes and acknowledging your new marital status.
Alternatively, if you are planning to marry, you can make a Will “in contemplation of marriage” to a specific named person. This requires precise wording stating that you expect to marry that particular person and intend the Will should not be revoked by that marriage. Such Wills must be drafted carefully with professional legal advice, as incorrect wording will result in the Will being revoked despite your intentions.
For unmarried couples considering their options, it is worth noting that cohabiting partners have no automatic inheritance rights under intestacy laws, regardless of how long they have lived together. If you are unmarried and wish to provide for your partner, you must make a Will naming them as a beneficiary. You can learn more about unmarried partners’ rights after death in the UK and the importance of estate planning for cohabiting couples.
Proposed Law Reform
The Law Commission has recommended abolishing the automatic revocation rule in its 2025 report on Wills law reform. The Commission found that most people are unaware of the rule and that it can be exploited in cases of predatory marriage, where vulnerable individuals are married without proper capacity, resulting in their existing Will being revoked and their estate passing under intestacy to the new spouse.
The proposed Wills Bill 2025 would mean that marriage no longer automatically revokes a Will. Instead, Wills would remain valid after marriage unless deliberately revoked by the testator. However, until such reforms are enacted by Parliament, the current law remains in force, and marriage continues to revoke existing Wills.
Why Regular Will Reviews Are Essential
Life events such as marriage, divorce, the birth of children, or significant changes in your financial circumstances should always prompt a review of your Will. Even if proposed law reforms are eventually enacted, maintaining an up-to-date Will that reflects your current circumstances and wishes remains essential.
Regular reviews ensure your estate plan accounts for changes in your family structure, assets, and relationships. This is particularly important for those who remarry, as your new spouse should be explicitly provided for (or excluded) according to your wishes, and provisions for children from previous relationships should be clearly set out.
Protect Your Estate After Marriage
Getting married or planning to marry? Do not let your existing Will become invalid. Contact A L Law today to review your estate plan and ensure your wishes will be respected. Our experienced family law solicitors can draft a new Will or prepare a Will in contemplation of marriage that protects your loved ones and reflects your intentions. Call us or book a consultation online to secure your family’s future.
