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Getting Married? Why You Need to Make a New Will

· 34 min

Note: The following scenario is fictional and used for illustration.

Emma and Jack got engaged last Christmas. Emma had made a will three years ago when she bought her first flat—everything went to her parents. Now planning their September wedding, Emma assumed her will was sorted.

Then her friend mentioned that getting married would automatically cancel it. Emma was shocked: "You mean the moment I say 'I do,' my will becomes worthless? And Jack wouldn't inherit anything if I died before we updated it?"

She was right to be concerned. Over 246,000 couples marry in England and Wales each year, yet most have no idea that marriage automatically revokes any existing will—leaving estates to be distributed under intestacy rules that may not protect their new spouse as intended.

This article explains exactly what happens to your will when you marry, what intestacy rules mean for your estate, when you need a new will, and how to create one quickly before your wedding day.

Table of Contents

Does Marriage Really Cancel Your Existing Will?

Yes—marriage automatically revokes any existing will in the UK. This isn't optional. The moment you say "I do," any will you made before your wedding becomes legally void.

Section 18 of the Wills Act 1837 states that marriage automatically revokes any will unless it was specifically made "in contemplation of marriage" to the person you're marrying. This rule applies to all wills—whether drafted by a solicitor, created online, or handwritten.

This surprises most couples. You're already thinking about your shared future, planning to protect each other, and building a life together. Discovering that your carefully made will becomes worthless the moment you marry can feel like a legal technicality designed to catch people out.

But here's what makes this particularly urgent: there's no grace period. Your will doesn't become invalid "eventually" or "after a certain time." It's revoked instantly when you marry.

Emma's situation shows why this matters. She had a will leaving everything to her parents—made when she was single, owned a flat, and her parents were her closest family. When she marries Jack, that will becomes void automatically. If she dies without creating a new will, intestacy rules determine who inherits her estate. Depending on the size of her estate and whether they have children, Jack might not inherit everything as she'd now want.

The exception? Wills made "in contemplation of marriage." These remain valid after marriage, but they require specific legal wording and you must name the exact person you intend to marry. We'll cover these in detail later.

One important distinction: divorce does NOT revoke your will. It removes your ex-spouse as a beneficiary and executor, but the will itself remains valid. Marriage is the life event that automatically cancels your will.

What Happens to Your Estate If You Die Married Without a Will

When you die without a valid will, you die "intestate." Your estate—your money, property, possessions, and investments—is distributed according to intestacy rules set by Parliament, not according to your wishes.

For married couples, here's exactly how intestacy rules work:

If your estate is worth £322,000 or less: Your spouse inherits everything. This is straightforward and probably matches what you'd want anyway.

If your estate is worth more than £322,000: Your spouse inherits the first £322,000 plus all your personal belongings, plus half of everything above that amount. The other half goes to your children (if you have any), or to your parents, siblings, or other relatives if you don't have children.

This £322,000 threshold hasn't kept pace with property prices. With the median UK house price around £290,000, many "ordinary" estates exceed this amount once you add savings, pensions, and investments.

Let's look at what this means in practice:

Scenario 1 - Small Estate: Sarah dies with a £180,000 estate (flat equity and savings). She's married to Tom. Tom inherits everything under intestacy rules. This outcome probably matches what Sarah would have wanted anyway.

Scenario 2 - Larger Estate with Children: James dies with a £500,000 estate (house worth £400,000 plus £100,000 in savings). He's married to Lucy and has two children from a previous marriage.

Under intestacy rules:

  • Lucy receives £322,000 plus personal belongings plus £89,000 (half of the £178,000 remainder) = £411,000 total
  • The children split the other £89,000 between them (£44,500 each)

The problem? Lucy needs the full house to live in, but the children are legally entitled to their inheritance now. Lucy may be forced to sell the family home to pay the children their share, or take out a loan to buy them out. This creates enormous financial and emotional stress.

Scenario 3 - No Children, Has Siblings: Emily dies with a £400,000 estate. She's married to Ben. They have no children, but Emily has two siblings.

Under intestacy rules:

  • Ben receives £322,000 plus half of £78,000 (the remainder) = £361,000
  • Emily's siblings split the other £39,000

Ben expected to inherit everything from his wife. Instead, he's forced to share the estate with his in-laws—relatives he may barely know. He may need to sell their home or liquidate investments to pay them their share.

These examples show why intestacy rules often don't match what married couples actually want. Most couples assume everything will go to their spouse. The reality is more complicated and potentially devastating.

The Wills Act 1837 assumes that marriage fundamentally changes your intentions about who should inherit your estate. When the law was written nearly 200 years ago, couples rarely lived together before marriage. Marriage was a major life change that created new legal and financial responsibilities overnight.

The legal logic makes sense: when you marry, your spouse gains automatic legal rights to your estate. The law assumes you'd want to provide for this new spouse, so it invalidates any will that predates the marriage—forcing you to create a new one that reflects your married status.

But here's where the law feels outdated: many modern couples live together for years before marriage, own property together, have joint bank accounts, and share financial responsibilities. For these couples, the wedding ceremony is a legal formalization of an established partnership, not a fundamental change in their relationship or intentions.

Consider Sophie and Ryan. They've lived together for four years, jointly own a flat as tenants in common, and have merged their finances. Sophie made a will two years ago leaving everything to Ryan. When they marry, that will becomes automatically void—even though Sophie's intentions haven't changed at all. She still wants Ryan to inherit everything. But legally, she's now dying without a will unless she creates a new one.

The Law Commission has questioned whether this automatic revocation rule should continue in modern times. In a 2024 consultation, they acknowledged that the rule creates problems for couples who already live as if married before their wedding day.

But despite these concerns, the rule remains law. Section 18 of the Wills Act 1837 is still in force, and there's no indication it will change soon.

The practical takeaway? Don't fight the law—work with it. Creating a new will when you get engaged or married isn't a burden. It's an opportunity to ensure your estate planning reflects your married life, protects your spouse as you intend, and addresses any new circumstances like buying property together, blending families, or planning for children.

While the law may feel like an anachronism, the solution is straightforward: make a new will that reflects your married status and protects the person you're committing your life to.

The Dangerous Gap: Your Partner Has Zero Rights Until You're Married

Here's what many engaged couples don't realize: until you're legally married, your partner has no automatic inheritance rights—no matter how long you've been together, how committed your relationship is, or how much property you jointly own.

If one partner dies before the wedding, the surviving partner inherits nothing under intestacy rules.

This creates a dangerous gap during your engagement. You're planning a wedding, buying property together, merging your finances, and building a shared life. But legally, you're still strangers. If something happens to one of you before the wedding day, intestacy rules treat your partner as if they don't exist.

Let's look at how devastating this can be:

Scenario 1 - Engaged, Jointly Owned Property: Tom and Jessica are engaged, six months from their wedding. They've bought a £350,000 house together as tenants in common (each owns 50%). Tom dies unexpectedly in a car accident before the wedding.

Jessica co-owns the house, but Tom's 50% share is part of his estate. He never made a will. Under intestacy rules, Tom's share goes to his parents. Jessica has to continue living in a house she now partly owns with her late fiancé's parents, or sell the house and split the proceeds. She's grieving and facing potential homelessness.

If Tom had made a will leaving his share to Jessica, she'd inherit it outright and keep the house.

Scenario 2 - The Day Before the Wedding: Emma's story takes a tragic turn. Wedding tomorrow. Emma dies in an accident today. She has a will from three years ago leaving everything to her parents (made before she met Jack).

The will is valid—marriage hasn't revoked it yet. Emma's estate goes to her parents as written. Jack inherits nothing. Emma's parents legally own her share of the flat they bought together. Jack loses his deposit and can't afford the mortgage alone. On what should have been their wedding day, Jack is dealing with grief, financial ruin, and the knowledge that Emma's will—though outdated—is legally binding.

If Emma had updated her will after getting engaged, Jack would be protected.

The Myth of "Common Law Marriage": Many couples believe that living together gives them some inheritance rights. This is completely false. There is no such thing as common law marriage in the UK. Living together for years, even decades, gives unmarried partners zero automatic inheritance rights.

According to ONS data, 24.3% of couples in England and Wales are cohabiting without being married or in civil partnerships—that's millions of couples who have no inheritance protection unless they've made wills.

For engaged couples, this gap between engagement and wedding day is particularly dangerous. You're already thinking and planning as a married couple, but legally you have no protection.

The only way to protect your partner before marriage is to make a will naming them as your beneficiary. It's not romantic to think about. But it's the most loving thing you can do—ensuring that if something happens to you before the wedding, your partner is financially protected during an already devastating time.

What Is a Will 'In Contemplation of Marriage'?

A will made "in contemplation of marriage" is the exception to the automatic revocation rule. This is a will that includes specific legal wording stating it should remain valid after you marry a particular named person.

The Wills Act 1837 allows for this exception, but it requires precise wording. The will must:

  1. Clearly state it's made in contemplation of marriage
  2. Name the specific person you intend to marry
  3. Declare that the will should not be revoked by that marriage

The standard clause looks something like this:

"This Will is made in contemplation of my marriage to [Full Legal Name of Fiancé(e)], and I declare that I intend this Will shall not be revoked by my marriage to [him/her/them]."

This sounds like a useful option—make one will before your engagement that stays valid through the wedding. But in practice, it's niche and comes with significant risks.

When a contemplation clause works:

Good Use - Long Engagement: David is engaged to Sarah Jane Thompson, with the wedding planned for 18 months away. He makes a will "in contemplation of marriage to Sarah Jane Thompson." The wedding gets delayed to 24 months due to COVID. The will remains valid throughout because it specifically contemplates this marriage. When they eventually marry, the will is not revoked.

When a contemplation clause fails:

Bad Use - Engagement Ends: Sophie is engaged to Ryan Michael Foster. She makes a will "in contemplation of marriage to Ryan Michael Foster." The engagement ends. Two years later, Sophie meets James. When Sophie marries James, the will is revoked because it contemplated marriage to Ryan, not James.

Sophie would need to revoke the old will and create a new one—either naming James or removing the contemplation clause entirely.

The Legal Requirements:

Courts are strict about contemplation of marriage clauses. The wording must be clear and unambiguous. You must name the specific person. You can't use a generic contemplation clause like "in contemplation of my future marriage to whomever I marry."

If your engagement ends or you marry someone other than the person named, the clause fails and the will may be revoked or challenged.

Practical Advice:

For most engaged couples, a contemplation of marriage clause is unnecessarily complex. The simpler approach is to:

  1. Make a will after you're engaged (when you're certain about marriage)
  2. Don't include a contemplation clause
  3. Accept that the will becomes void when you marry
  4. Make a new will immediately after the wedding (or even the same day)

The contemplation clause is really only useful for couples with very long engagements (18+ months) who want continuous will coverage throughout that period without having to make two separate wills.

For everyone else, making a will after engagement and another after marriage is simpler, clearer, and involves less legal complexity.

When to Make Your New Will (Before or After the Wedding?)

The ideal timeline is clear: make your new will after you're engaged but before your wedding day.

Here's why this timing works best:

After Engagement: Once you're engaged, you've made a clear commitment to marry. Your intentions are set. You know who you want to inherit your estate, who should be your executor, and how you want to protect your partner. This is the right time to formalize these wishes in a legally binding will.

Before the Wedding: Your existing will (if you have one) remains valid until the moment you marry. Once you marry, any pre-existing will is automatically revoked. Creating your new will before the wedding ensures there's no gap in your estate planning.

The Risk of Waiting:

Some couples think: "We'll sort out wills after the wedding, maybe on the honeymoon, or when we get back."

This creates three dangerous gaps:

  1. The Wedding Day Itself: Statistically unlikely, but if something happens to one or both of you on your wedding day, you'd die married without a valid will.

  2. The Honeymoon: Many couples travel for honeymoons—flights, adventurous activities, unfamiliar places. If something tragic happens, you'd die intestate in another country, creating additional legal complications for your grieving family.

  3. The "We'll Get Around to It" Period: After the wedding and honeymoon, life gets busy. You settle into married life, maybe move house, start new jobs. Weeks become months. The longer you delay, the longer you're unprotected.

Timeline Examples:

Timeline 1 - Ideal:

  • June: Get engaged
  • July: Create new wills naming each other as primary beneficiaries
  • September: Wedding day
  • Result: No gaps, both partners fully protected throughout

Timeline 2 - Risky:

  • June: Get engaged
  • September: Wedding (no new wills made)
  • October: Honeymoon to Thailand
  • November: "We really should make wills"
  • Result: 5-month gap where you're married without valid wills

Timeline 3 - Maximum Protection:

  • June: Get engaged
  • July: Create wills as engaged partners (protects during engagement)
  • September: Wedding day
  • October: Create new wills as married couple (update to reflect married status)
  • Result: Continuous protection, no gaps ever

What If You're Already Married Without a Will?

Don't panic. Make your will now. Yes, you've had a gap in your estate planning, but you can close that gap today. Better to create a will now than to continue putting it off.

Adding Wills to Your Wedding Planning Checklist:

Treat making wills like getting your marriage license—it's a legal requirement for proper protection, not an optional extra. Add it to your wedding checklist between "book venue" and "send invitations."

Consider making it a couples' activity. Set aside a Sunday morning, sit down together with coffee, and create your wills online. WUHLD's will creator takes 15 minutes each. You can finish before lunch and tick a major task off your list.

You don't need to have your entire wedding planned before making your will. You don't need to know what flowers you're having or what song you'll dance to. You just need to know you're marrying this person and want to protect them.

That's enough to make your will.

What Should Engaged Couples Include in Their Wills?

When you're creating wills as an engaged or newly married couple, certain provisions are essential. Here's what to include:

1. Primary Beneficiary (Your Spouse or Partner):

In most cases, engaged couples want their entire estate to go to their partner. This is straightforward if it's a first marriage with no children from previous relationships.

Name your fiancé(e) or spouse as your primary beneficiary. Be specific with their full legal name and relationship to you. Understanding what to include in your will ensures you cover all essential provisions.

2. Backup Beneficiaries:

What if you both die together—in a car accident, plane crash, or other tragedy? Your will needs backup beneficiaries to inherit if your primary beneficiary (your spouse) has already died.

Common choices include:

  • Both sets of parents (split equally)
  • Siblings (split equally)
  • Nieces and nephews
  • Charities

3. Executors:

Your executor administers your estate—paying debts, distributing assets, handling legal paperwork. Most married couples name each other as primary executor, then name a backup executor in case both die together.

Good backup executor choices:

  • Siblings
  • Close friends
  • Parents (if they're not too elderly)
  • Professional executor services

4. Guardians (If You Have or Plan Children):

If you have children or are planning to start a family, naming guardians is critical. If both parents die, guardians raise your children and make decisions about their upbringing.

Choose carefully:

  • Consider the guardian's age, lifestyle, values, and relationship with your children
  • Discuss with potential guardians before naming them (don't surprise them)
  • Name backup guardians in case your first choice can't serve

5. Specific Gifts:

Some items have sentimental value beyond their financial worth: family heirlooms, jewelry, photographs, collections. You can specify who inherits these in your will.

For example:

  • "My grandmother's engagement ring to my sister Emily"
  • "My guitar collection to my best friend David"
  • "My father's watch to my nephew James"

6. Digital Assets:

Don't forget your digital life: email accounts, social media profiles, photo libraries, cryptocurrency, domain names. Your will can specify how these should be handled and who can access them.

7. Funeral Wishes:

While not legally binding, your will is the right place to express preferences about burial versus cremation, ceremony type, and any specific wishes.

Special Considerations for Blended Families:

If one or both partners have children from previous relationships, estate planning becomes more complex. You need to balance providing for your new spouse with protecting your children's inheritance.

Scenario - Second Marriage, Existing Children: Sarah is remarrying. She has two children (ages 10 and 12) from her first marriage. She's marrying Tom, who has one child (age 8).

Sarah's will might specify:

  • £50,000 to her children immediately (protected inheritance)
  • Remainder to Tom for his lifetime (life interest)
  • After Tom's death, remaining estate split among all three children equally

This ensures Tom is provided for, but Sarah's children ultimately inherit their mother's estate.

Pre-Marital Assets:

If one partner owns significant assets before marriage—a property, business, or inheritance—they may want special provisions protecting those assets for children from previous relationships while still providing for their new spouse.

Scenario - Significant Pre-Marital Property: David owns a £400,000 flat before marrying Sophie. He has two children from his first marriage. His will specifies:

  • The flat goes to his children (preserving pre-marital asset)
  • His other assets (savings, pension) go to Sophie

This protects the children's inheritance while ensuring Sophie is financially secure.

Practical Guidance:

Discuss Before Drafting: Don't surprise your partner with your will's contents. Discuss your intentions openly. Where do you agree? Where do you differ? Can you create "mirror wills" (matching wills for both partners)?

Review Beneficiary Designations: Your will doesn't control everything. Life insurance policies, workplace pensions, and some investment accounts have separate beneficiary designations. Review and update these to match your will.

Update After Major Life Events: Your will should evolve with your life. Update it when:

  • Children are born
  • You buy or sell property
  • You receive an inheritance
  • Your financial situation changes significantly
  • Relationships with beneficiaries or executors change

Creating your will as an engaged or newly married couple is about more than legal requirements. It's about protecting the person you're building a life with and ensuring your shared future is secure—whatever happens.

How to Make a Will Before Your Wedding (Without Adding Wedding Stress)

Let's be honest: wedding planning is already overwhelming. You're choosing venues, managing guest lists, coordinating with vendors, and somehow staying within budget. The last thing you need is another complex, time-consuming task.

But here's the reality: making a will doesn't have to add to your wedding stress. In fact, it can be one of the quickest, easiest items on your wedding checklist.

The Time Reality:

Creating a will online with WUHLD takes about 15 minutes. Compare that to:

  • Choosing wedding flowers: 2-3 hours
  • Tasting and selecting wedding cake: 1-2 hours
  • Deciding on ceremony music: 1-2 hours
  • Designing wedding stationery: 3-4 hours

Your will takes less time than almost any other wedding planning task. And unlike the flowers and cake, your will protects your partner for life.

The Cost Reality:

Wedding costs add up fast. The average UK wedding costs over £20,000. Individual items can be shockingly expensive:

  • Average wedding cake: £350-£500
  • Average bridal bouquet: £80-£150
  • Average wedding car hire: £300-£600

A complete, legally binding will from WUHLD costs £99.99. That's less than your wedding cake, less than your flowers, less than dozens of other wedding expenses.

And unlike most wedding expenses, your will is an investment that protects your family long after your wedding day.

Comparing Your Options:

Option 1: Online Will Service (WUHLD)

  • Cost: £99.99 per person
  • Time: 15 minutes online
  • Process: Complete from home, any time that suits you
  • Preview: View your entire will free before paying
  • Support: Included guides and documentation

Option 2: Traditional Solicitor

  • Cost: £650+ per person (often £800-£1,000)
  • Time: Multiple appointments over 3-6 weeks
  • Process: Schedule appointments, travel to office, wait for drafts, review, request changes, schedule second appointment
  • Preview: Not typically offered (you see first draft after committing)
  • Support: Legal advice included (essential for complex estates, unnecessary for straightforward situations)

For engaged couples with straightforward estates—no complex business interests, no international property, no intricate trust arrangements—an online will service provides the same legal protection at a fraction of the cost and time investment. Understanding the full cost comparison helps you make an informed decision between online and solicitor services.

Addressing Common Objections:

"We're too busy with wedding planning"

You've already spent more time this week debating napkin colors than it takes to create your will. Schedule 30 minutes on Sunday morning (15 minutes each). Make it a couples' activity with coffee. Tick it off your list.

"It's too expensive with all the wedding costs"

£99.99 is less than you'll spend on wedding cake. And unlike the cake, your will protects your partner permanently. It's not an expense—it's insurance for your future.

"We'll do it after the honeymoon"

What if something happens on your honeymoon? You're traveling, potentially doing adventure activities, in unfamiliar places. This is exactly when you need protection in place, not three weeks from now when you get around to it.

"I'm not sure what we need yet"

WUHLD lets you preview your entire will free before paying anything. Start the process, see what questions are asked, draft your will, preview it completely. Only pay if you're satisfied. There's zero commitment or risk.

Making It Happen:

Step 1: Add "Create Wills" to your wedding planning checklist, scheduled between "Book Venue" and "Send Invitations."

Step 2: Set aside time together. Sunday morning works well—you're relaxed, not rushing, can discuss openly.

Step 3: Work through the will creator together. Discuss questions as they come up. Make decisions jointly.

Step 4: Preview your wills. Make sure you're both comfortable with the content.

Step 5: Complete and pay. You'll receive your legally binding will plus supporting documents immediately.

Step 6: Execute your wills properly—print, sign, witness according to instructions.

Total Time: Under an hour for both of you, including discussion time.

The Peace of Mind Factor:

You're planning a wedding because you love this person and want to build a life together. Making your wills is an extension of that commitment. It's saying: "I'm planning a future with you, and I want you protected no matter what happens."

That's not morbid or pessimistic. It's loving and responsible.

Imagine walking down the aisle knowing you've already protected each other legally. No gaps, no vulnerabilities, no "we should really get around to that" hanging over you. Just pure celebration of your commitment.

That peace of mind is worth far more than the minimal time and cost involved.

Here's What You Get with WUHLD:

For £99.99 per person, you receive:

  • Your complete, legally binding will
  • A 12-page Testator Guide explaining how to execute your will properly
  • A Witness Guide to give to your witnesses
  • A Complete Asset Inventory document to track your estate

All documents are immediately available for download. You can preview your entire will free before paying anything—no credit card required.

This is one wedding task you can complete in less time than it takes to choose your wedding playlist, for less money than your wedding cake, with benefits that last a lifetime.

Preview Your Will Free – No Payment Required

Common Mistakes Engaged Couples Make with Wills

Even couples who understand the importance of making wills before marriage often make avoidable mistakes. Here are the most common errors and how to prevent them:

Mistake 1: Assuming Their Existing Will Is Fine

Many people made wills years ago—when they bought their first home, started a job with significant assets, or had children. They assume those wills are still valid and appropriate.

The reality: marriage revokes any existing will automatically. It doesn't matter how recently you made it, how carefully it was drafted, or how expensive the solicitor was. The moment you marry, it's void.

Example: Sophie made a comprehensive will 18 months ago with a solicitor, costing £700. It leaves everything to her sister (her closest family at the time). She gets engaged to Ryan. They marry. Her £700 will is now worthless. If she dies, intestacy rules apply, not her carefully drafted intentions.

Solution: Make a new will after engagement or immediately after marriage, regardless of any existing wills.

Mistake 2: Waiting Until After the Wedding or Honeymoon

The most dangerous period is between your wedding day and when you "get around to" making new wills. This gap might be weeks, months, or even years.

Example: Jack and Emma plan to make wills "after our honeymoon in the Maldives." They never discussed what happens if their plane crashes. Both die in a tragic accident. Neither had a valid will. They die intestate. Their families are left with intestacy rules, complications from dying abroad, and grief compounded by legal uncertainty.

Solution: Make your wills before the wedding day. Treat it as essential as your marriage license, not as an optional post-wedding task.

Mistake 3: Only One Partner Makes a Will

Sometimes one partner takes the initiative and makes a will, assuming their spouse will "do theirs later" or "is covered by mine."

Your will only controls your estate, not your spouse's. If only one partner has a will, the other partner's estate is distributed under intestacy rules if they die.

Example: David makes a will leaving everything to his fiancée Sophie. Sophie doesn't make one, planning to "do it later." Six months after their wedding, Sophie dies unexpectedly. She has no will. Her £300,000 estate is distributed under intestacy rules. Because the estate doesn't exceed £322,000, David inherits everything—which happens to match Sophie's likely intention. But if Sophie had siblings and her estate exceeded £322,000, David would have to share with them.

Solution: Both partners make wills. Do it together as a couples' activity. Ensure both estates are protected.

Mistake 4: Forgetting to Update Beneficiary Designations

Your will doesn't control everything. Life insurance policies, workplace pensions, and some investment accounts have separate beneficiary designation forms. If these forms name someone other than your spouse, that person inherits those assets—regardless of what your will says.

Example: David updates his will to leave everything to fiancée Sophie. But he forgets his £200,000 life insurance policy still names his ex-girlfriend as beneficiary (designated five years ago, never updated). David dies. Sophie inherits his savings and property through the will (£30,000), but the life insurance £200,000 goes to the ex-girlfriend. Legally correct, but devastating.

Solution: When you make or update your will, also review and update all beneficiary designations: life insurance, workplace pensions, ISAs, investment accounts. Ensure everything aligns with your current wishes.

Mistake 5: Not Discussing Intentions with Their Partner

Some couples make wills independently without discussing their intentions. This can create surprises, hurt feelings, or conflicting provisions.

Example: Emma makes a will leaving £50,000 to her brother (who helped her financially years ago), with the rest to Jack. Jack makes a will leaving everything to Emma. Neither discusses this. Emma dies. Jack is surprised to discover £50,000 goes to Emma's brother first. He feels hurt that Emma didn't discuss this significant bequest with him before marriage.

Solution: Discuss your wills openly before drafting them. Where do you agree? Where do you differ? Can you create mirror wills (matching provisions), or do you need different terms? Communication prevents surprises and conflict.

Mistake 6: Using DIY Templates Without Legal Guidance

Some couples download free will templates online or buy template books, trying to save money by doing everything themselves. Without legal guidance, they often make technical errors that render the will invalid or unclear.

Common DIY errors:

  • Incorrect witnessing (beneficiaries witness, or witnesses don't see testator sign)
  • Ambiguous language (unclear who inherits what)
  • Missing required clauses
  • Improper revocation of previous wills
  • Incorrect execution procedures

Example: Tom and Jessica download a free will template. They fill it out together at home. They sign it with Tom's best friend and Jessica's sister as witnesses. Problem: Jessica's sister is a beneficiary in the will. Her witnessing makes her gift void under Section 15 of the Wills Act 1837. The rest of the will might be valid, but Jessica's sister's inheritance is lost.

Solution: Use a legally validated will service like WUHLD that guides you through the process correctly, or consult a solicitor for complex estates. Don't rely on generic templates without professional guidance.

Mistake 7: Believing "Common Law Marriage" Protects Them Before the Wedding

Many couples believe that living together for a certain period (often quoted as two years or seven years) creates "common law marriage" with automatic inheritance rights. This is completely false in the UK.

Example: Sarah and Tom have lived together for six years, own a house together, and are engaged. Sarah assumes Tom would inherit her estate automatically if she died, because they're "basically married." She dies in an accident before the wedding. She has no will. Tom inherits nothing under intestacy rules. Sarah's estate goes to her parents. Tom loses his partner and may lose his home.

Solution: Understand that engaged couples have zero automatic inheritance rights until married. The only protection is making a will that names your partner as beneficiary.

Mistake 8: Not Including Backup Beneficiaries

Some wills only name the spouse as beneficiary, with no provision for what happens if both partners die together or in quick succession.

If both partners die simultaneously (car accident, house fire, plane crash) and neither will has backup beneficiaries, both estates go to intestacy for distribution to extended family.

Solution: Always include backup beneficiaries in case your primary beneficiary (spouse) has died. Common choices: parents, siblings, nieces/nephews, or charities.

The Common Thread:

Most of these mistakes come from procrastination, lack of knowledge, or assuming "it will probably be fine." The solution to all of them is simple: prioritize making your wills before your wedding, discuss openly with your partner, use a reliable will service or solicitor, and treat it as the essential legal protection it is.

Conclusion

Getting married is one of life's most joyful milestones. But it also creates an urgent legal need that most couples don't know about: making a new will.

Key takeaways:

  • Marriage automatically revokes any existing will the moment you say "I do"—there's no grace period or exception unless your will was specifically made "in contemplation of marriage"
  • Create new wills after engagement but before your wedding day to avoid dangerous gaps in estate planning
  • Engaged couples have zero inheritance rights until married—wills are the only protection during your engagement
  • Under intestacy rules, your spouse may not inherit your full estate if it's worth over £322,000, creating financial hardship at an already difficult time
  • Both partners need wills, and remember to update life insurance and pension beneficiaries too

Emma and Jack made their wills three months before their wedding. It took 15 minutes on a Sunday morning—less time than they'd spent choosing wedding favors. Now they're married, and they know that no matter what happens, they've protected each other.

That peace of mind is priceless.

Here's what engaged couples planning their future together need to do:

✅ Make sure your partner inherits your estate (not your parents or siblings) ✅ Appoint your partner as executor ✅ Include funeral wishes and specific gifts ✅ Name backup beneficiaries if both of you die together ✅ Protect any children from previous relationships

You've already committed to a future together. Now protect it legally.

Create your will today—it takes just 15 minutes with WUHLD.

For £99.99 (vs £650+ for a solicitor), you'll get:

  • Your complete, legally binding will
  • A 12-page Testator Guide explaining how to execute your will properly
  • A Witness Guide to give to your witnesses
  • A Complete Asset Inventory document to track your estate

You can preview your entire will free before paying anything—no credit card required.

This is one wedding task you can complete in less time than choosing your wedding flowers, for less than the cost of your wedding cake. And unlike the flowers and cake, this protects your partner for life.

Preview Your Will Free – No Payment Required

Frequently Asked Questions

Q: Does getting married automatically cancel my existing will in the UK?

A: Yes. Under Section 18 of the Wills Act 1837, marriage automatically revokes any existing will unless it was specifically made "in contemplation of marriage" to your spouse. If you marry without creating a new will, you'll die intestate and intestacy rules will determine who inherits your estate—which may not match your wishes.

Q: What happens to my estate if I die married without a will?

A: Under intestacy rules, your spouse inherits your entire estate if it's worth £322,000 or less. For estates above £322,000, your spouse gets the first £322,000 plus half the remainder, while children or other relatives inherit the other half. This can create financial problems for surviving spouses.

Q: What is a will 'in contemplation of marriage'?

A: A will made in contemplation of marriage is one that includes a specific clause stating it should remain valid after you marry a named person. The clause must explicitly name your intended spouse and declare the will should not be revoked by the marriage. Without this clause, marriage automatically cancels your will.

Q: When should I make a new will if I'm getting married?

A: Ideally, create your new will after you're engaged but before your wedding day. Your existing will becomes void the moment you marry, so having a new will ready ensures there's no gap in your estate planning. You can also update your will immediately after the wedding.

Q: Does getting divorced cancel my will?

A: No. Divorce does not revoke your will, but it does remove your ex-spouse as a beneficiary and executor. Your will remains valid with these changes, but it's strongly recommended to create a new will after divorce to reflect your current wishes and avoid complications.

Q: Can my partner inherit anything if we're engaged but not yet married?

A: No. Engaged couples have no automatic inheritance rights in the UK. If one partner dies before the wedding, intestacy rules apply, and the surviving partner inherits nothing—even if they've been together for years or own property together. This is why having a will before marriage is crucial.

Q: How much does it cost to make a will before getting married?

A: Online will services like WUHLD cost £99.99 for a complete, legally valid will with all supporting documents. Traditional solicitors typically charge £650 or more. For engaged couples, WUHLD offers the same legally binding will in 15 minutes online, with the ability to preview everything free before paying.

This article provides general information and does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.

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