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Just Got Married? 7 Legal Documents You Need in the UK

· 25 min

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

Emma and Jack got married on a sunny Saturday in June 2024. They spent months planning the perfect wedding, sent 120 invitations, and flew to the Maldives for their honeymoon. What they didn't plan for was the legal paperwork waiting when they returned.

Emma had made a will three years earlier, leaving everything to her parents. Jack had never made one at all. Neither realized that Emma's will was now legally worthless—automatically revoked the moment they said "I do."

When a friend mentioned this at a dinner party six months later, they were shocked. If Emma had died during their honeymoon, her £185,000 estate would have been subject to intestacy rules, potentially leaving Jack with far less than she intended.

In England and Wales, 231,949 couples got married in 2023, yet research suggests fewer than half of UK adults have a will. Many newlyweds don't realize that marriage creates immediate legal document requirements.

This guide covers the 7 essential legal documents you must update or create after marriage—what's legally required, what's strongly recommended, and what can wait.

Table of Contents

Here's the critical misconception that catches most newlyweds off guard: marriage doesn't automatically update all your legal protections.

When Sarah married Marcus, she assumed the law would recognize him as her next of kin and primary beneficiary across the board. She was half right. While Marcus did become her next of kin for intestacy purposes, her existing will—the one leaving everything to her sister—was now void. Under intestacy rules, Marcus would get the first £322,000 of her estate plus personal items, with any remainder split between Marcus and Sarah's parents. Her sister would inherit nothing, despite Sarah's original wishes.

Under Section 18 of the Wills Act 1837, marriage automatically revokes any existing will unless it was specifically made "in contemplation of marriage" to that particular person. This means the moment you marry, any previous will becomes legally worthless.

What does change automatically when you marry:

  • Intestacy rules now favor your spouse (they inherit first, up to £322,000)
  • Inheritance tax spousal exemption applies (100% tax-free transfers to spouse)
  • Next-of-kin status shifts to your spouse
  • Your spouse can inherit unused inheritance tax allowances

What doesn't change automatically:

  • Existing wills (they're revoked, not updated)
  • Property ownership type (joint tenants vs. tenants in common)
  • Life insurance and pension beneficiaries
  • Lasting Powers of Attorney
  • Bank account access or joint ownership

Liam created a Lasting Power of Attorney years ago, appointing his mother as his attorney to make financial decisions if he lost capacity. When he married Olivia, he assumed she would automatically take over that role. Wrong. His mother remained his attorney unless he created a new LPA appointing Olivia. If Liam had been in an accident leaving him unable to manage his finances, Olivia would have had no automatic legal authority to help—despite being his wife.

The upcoming Wills Bill, expected to become law in 2025-2026, will abolish automatic will revocation upon marriage to prevent exploitation through predatory marriages. Until then, marriage continues to revoke existing wills in England and Wales.

Understanding which protections activate automatically and which require active updates is the first step in securing your legal position as a married couple.

Document 1: Your Will (The One That Just Got Revoked)

If you had a will before marriage, it's now void. If you didn't have one, you need to create one urgently.

The Wills Act 1837 states that marriage revokes any prior will unless that will explicitly states "This will is made in contemplation of my marriage to [Name]." This is a protective measure designed to ensure your will reflects your current family situation, but it catches many couples by surprise.

Charlotte had a £420,000 estate and a will leaving £50,000 to her best friend and the remainder to her parents. Two months after marrying Ben, she died suddenly in a car accident. Her will had been automatically revoked by the marriage.

Under intestacy rules, Ben received £322,000 plus Charlotte's personal possessions, then half of the remaining £98,000 (£49,000). Charlotte's parents received the other £49,000. Charlotte's best friend—who she'd specifically wanted to remember—received nothing.

How intestacy affects married couples without children:

If your estate is worth less than £322,000, your spouse inherits everything. If it exceeds £322,000, your spouse gets the first £322,000 plus personal possessions, then half the remainder. If you have children or parents, they inherit the other half. If you have no children, parents, or siblings, your spouse inherits everything.

Why this matters even when your spouse inherits:

Intestacy ignores specific wishes. You can't leave gifts to friends, charities, or extended family. You can't name guardians for children. You can't make specific bequests of sentimental items. You can't set up trusts to protect assets.

Inheritance tax benefits for married couples:

Anything you leave to your spouse is completely exempt from inheritance tax, regardless of value. The current nil-rate band is £325,000, with an additional residence nil-rate band of £175,000 if you leave your main residence to direct descendants.

Here's where married couples gain a powerful advantage: any unused nil-rate band transfers to the surviving spouse. If you leave everything to your spouse, they can eventually pass up to £1 million tax-free to your children (£325,000 × 2 + £175,000 × 2).

Tom and Rachel both had children from previous marriages. They each had wills leaving everything to their own children. When they married, both wills were automatically revoked. Tom died first. Under intestacy, Rachel inherited everything. Rachel later remarried and left everything to her new husband. Tom's children inherited nothing—the opposite of what Tom intended.

Action required: Create new mirror wills or mutual wills within three months of marriage. These should reflect your married status, name your spouse as primary beneficiary (if desired), establish guardians for children, and maximize inheritance tax efficiency.

Document 2: Lasting Power of Attorney (Your Spouse Can't Automatically Decide)

Here's another dangerous assumption: your spouse cannot automatically make financial or medical decisions on your behalf if you lose mental capacity.

Without a Lasting Power of Attorney, no one—not even your spouse—has automatic legal authority to access your bank accounts, sell your property, or make medical treatment decisions if you become incapacitated.

David suffered a stroke at 38, losing capacity to manage his finances. His wife Hannah couldn't access his bank account, pay the mortgage, or sell assets without a court order. She had to apply to the Court of Protection to become his deputy—a process that cost £421 in application fees, plus potential hearing fees of £259, plus legal costs of £2,000-£5,000. The entire process took nine months. A £92 LPA created before his stroke would have avoided all of this.

Two types of LPA you need:

1. Property and Financial Affairs LPA: Allows your attorney to manage bank accounts, pay bills, sell property, and handle investments. This can be used while you still have capacity if you choose.

2. Health and Welfare LPA: Allows your attorney to make medical treatment decisions, decide on care home placement, and make end-of-life decisions. This can only be used when you lack capacity.

Each person needs their own LPA. You cannot share a single LPA with your spouse. However, you can (and most married couples do) appoint each other as primary attorneys, with children or siblings as replacement attorneys who step in if your spouse is unable or unwilling to act.

Priya and Sanjay created LPAs shortly after marriage, appointing each other as primary attorneys and Priya's brother and Sanjay's sister as replacements. When Priya developed early-onset dementia at 52, Sanjay could immediately access her accounts, arrange care, and make medical decisions without court involvement.

Timeline and cost: Each LPA costs £92 to register with the Office of the Public Guardian. Registration takes up to 16 weeks, so create them soon after marriage while you're both healthy and thinking about the future.

Alternative without LPA: If you lose capacity without an LPA, your spouse must apply to become your deputy through the Court of Protection. This costs significantly more, takes many months, and requires annual supervision fees. The court may also impose restrictions on what your deputy can do with your money.

Creating LPAs is one of the most important protections married couples can give each other.

Document 3: Property Ownership Documents (Joint Tenants vs. Tenants in Common)

If you buy property together after marriage, you'll need to choose how you own it. If you already owned property separately before marriage, you might want to reconsider the ownership structure.

Most married couples buy property as "joint tenants," but this isn't always the best choice, especially for second marriages or blended families.

Joint tenants explained:

Both of you own 100% of the property—there are no separate "shares." When one spouse dies, the property automatically passes to the survivor outside of your will. You cannot leave your portion to anyone else. This is called the "right of survivorship."

Sophie and James owned their £380,000 flat as joint tenants. When Sophie died, James automatically became the sole owner without needing probate for the property. The transfer was immediate and couldn't be challenged.

Tenants in common explained:

Each person owns a specific share—50/50, 60/40, 70/30, or any split you choose. When one spouse dies, their share passes according to their will, not automatically to the co-owner. You can leave your share to children, other family members, or create a trust giving your spouse the right to live there while preserving the property for your children.

Amelia and George were both on their second marriages, each with two adult children from their first marriages. They bought a £450,000 house as tenants in common, each owning 50%.

Amelia's will left her 50% share to her children in trust, with George having the right to live there for life. When Amelia died, George continued living in the house, but Amelia's children would eventually inherit her share—ensuring her children benefited from her assets while protecting George's housing.

When to switch to tenants in common:

  • One or both of you have children from previous relationships
  • You want to protect your share for children while allowing your spouse to live in the property
  • You made unequal financial contributions to the purchase price
  • You're using advanced inheritance tax planning strategies
  • You own the property in unequal shares

How to change ownership type:

Complete Land Registry Form SEV to "sever" a joint tenancy and convert it to tenants in common. There's no fee. You'll also need a declaration of trust specifying what share each person owns.

Inheritance tax and spousal transfers:

Regardless of ownership type, property passing to your spouse is exempt from inheritance tax. The ownership structure matters more for controlling who inherits when the surviving spouse later dies.

Feature Joint Tenants Tenants in Common
Ownership shares Equal (100% each) Can be unequal (e.g., 60/40)
Right of survivorship Yes (automatic) No (passes by will)
Can leave share in will No Yes
Best for Simple married couples, first marriages Blended families, unequal contributions, estate planning
Change process Form SEV (free) Declaration of trust + Land Registry update

If you're unsure which option suits your situation, consider your family structure, estate planning goals, and whether you want automatic transfer or controlled inheritance.

Document 4: Life Insurance and Pension Beneficiaries

Your life insurance and pension beneficiaries do not automatically change to your spouse when you marry. This is a critical oversight that leaves many spouses unprotected.

Named beneficiaries on life insurance policies and pension schemes override your will. Even if your will says "I leave everything to my spouse," if your life insurance policy names your sister as beneficiary, your sister gets the payout.

Michael had a £250,000 life insurance policy naming his sister as beneficiary. He married Lucy but forgot to update the policy. Eighteen months later, Michael died in a workplace accident. The £250,000 went to his sister as per the policy terms, not to Lucy. Lucy had no legal claim to the money, despite Michael's will leaving "everything" to her. The life insurance wasn't part of Michael's estate—it paid directly to the named beneficiary.

Action required after marriage:

Contact every insurance company and pension provider to update beneficiaries to your spouse. This includes:

  • Life insurance (term life, whole life)
  • Workplace pensions
  • Private pensions
  • Critical illness insurance
  • Income protection insurance

Writing policies in trust:

If your life insurance is written in trust with named beneficiaries, you may need trustee consent to change beneficiaries, or the change might not be possible depending on trust terms. Review the trust deed carefully.

Joint life insurance:

Consider switching to a "joint life, first death" policy, which pays out when the first spouse dies. These are typically cheaper than two separate single-life policies and automatically protect both of you.

Zara and Oliver reviewed their life insurance within a month of marriage. They switched to a joint life, first death policy, saving £35 per month. They wrote the policy in trust naming each other as beneficiaries, ensuring the payout would avoid probate and be immediately available to the surviving spouse.

Pension death benefits:

Most workplace and private pensions allow you to nominate beneficiaries. While pension trustees have discretion, they typically follow your nomination. Updating this after marriage ensures your spouse is considered.

From April 2027, unused pension funds will count toward inheritance tax, ending the current pension IHT exemption. This makes beneficiary planning even more important for larger estates.

Your will works alongside beneficiary designations to ensure comprehensive protection, but the beneficiary designation controls insurance and pension payouts specifically.

Document 5: Marriage Certificate (And When You Need Certified Copies)

Your marriage certificate is the foundational document proving your marriage. You'll need it for almost every other update on this list.

After your wedding, the register office issues one free copy of your marriage certificate. Certified copies cost £11 each if ordered at the time of registration, or £35 if ordered later.

When you need certified copies:

  • Passport name change
  • Driving license update
  • Bank and building society account updates
  • Mortgage applications
  • Pension provider notifications
  • Employer record updates
  • HMRC and tax records

Some organizations require the original certificate, while others accept certified copies. Banks and government agencies typically accept certified copies, but it's wise to ask before sending your only original through the post.

How many to order:

Most couples need 3-5 certified copies in the first year of marriage. Ordering them at registration saves £24 per certificate compared to ordering later (£11 vs. £35).

Ethan and Mia ordered five certified copies at their wedding registration for £55 total. They used them to update passports, driving licenses, two bank accounts, Ethan's employer records, and Mia's pension. Ordering the same copies six months later would have cost £175—a £120 difference.

Foreign marriages:

If you married abroad and your certificate isn't in English, you'll need a certified English translation to update UK documents. Professional certified translations typically cost £75-£150.

Jasmine married in Italy with a certificate in Italian. She needed a certified English translation (£75) to update her UK passport and driving license. The register office wouldn't accept the Italian original without certified translation.

Storage:

Keep your original marriage certificate in a safe place—a fireproof safe, safety deposit box, or secure filing system. Use certified copies for administrative tasks rather than risking loss or damage to the original.

Your marriage certificate proves your legal name change (if you're taking your spouse's surname) and establishes your marital status for all legal purposes.

Document 6: Name Change Documents (If You're Changing Your Name)

Your name does not automatically change when you marry in the UK. Name change is optional, and if you choose to change it, you'll need to notify dozens of organizations.

Marriage certificate as proof of name change:

If you're taking your spouse's surname or creating a double-barreled surname (like Smith-Jones), your marriage certificate is sufficient proof of the name change. You don't need a deed poll.

Chloe wanted to take her husband's surname, Williams. She used her marriage certificate to update her passport, driving license, and bank accounts. No deed poll was required. The passport update cost £94.50 and took four weeks.

When you need a deed poll:

You need a deed poll (which costs £50.32 to enrol) if you want to:

  • Blend surnames into a new surname (Smith + Jones = Smones)
  • Alter the spelling of your surname (Smith to Smythe)
  • Create an entirely new family surname
  • Make any variation beyond taking your spouse's surname or hyphenating

Alex and Jordan wanted to blend their surnames "Taylor" and "Morgan" into "Taygan." This required an enrolled deed poll (£50.32) plus their marriage certificate. They then updated all documents over eight weeks.

Documents to update after name change:

  • Passport (costs £94.50 for online renewal, takes 3-6 weeks)
  • Driving license (free to update)
  • Bank accounts and credit cards
  • Employer records, HMRC, Student Loan Company
  • Utilities, council tax, electoral register
  • Medical records (GP, dentist, optician)
  • Insurance policies (car, home, life)
  • Professional licenses and memberships

Travel considerations:

Don't change your passport name immediately before your honeymoon. Flight bookings must match your passport exactly. If you've booked flights in your maiden name, wait until after your honeymoon to update your passport.

Timeline:

Budget 3-6 weeks for passport updates, longer during peak seasons (summer). Driving license updates are faster, typically 1-2 weeks. Bank and utility updates can be done immediately with your marriage certificate.

Changing your name involves dozens of small administrative tasks. Create a checklist and work through it systematically in the months after your wedding.

Document 7: Bank Accounts and Financial Accounts

Banks and financial institutions need to know about your marriage, whether you're changing your name, updating your address, or opening joint accounts.

Notification required:

Even if you're not changing your name, notify your bank of your marriage to update their records for your marital status, potential name change, and beneficiary information.

Joint accounts vs. separate accounts:

Many married couples choose a hybrid approach: a joint account for shared expenses (mortgage, bills, groceries) and separate accounts for personal spending and financial independence.

Benefits of joint accounts:

Both spouses can access funds for household expenses. Easier budgeting and financial planning. The surviving spouse has immediate access to funds if one spouse dies. Both build credit history.

Drawbacks of joint accounts:

Both are liable for debts and overdrafts. Less financial independence. Complications if you divorce. Requires agreement on spending decisions.

Freya and Liam opened a joint account specifically for their mortgage, bills, and groceries. They each kept separate accounts for personal spending. They each contribute 60% of their income to the joint account, with 40% staying in their personal accounts.

Authorized users vs. joint account holders:

You can add your spouse as an authorized user on existing accounts without making them a joint account holder. This gives them access to the account without making them legally liable for debts.

ISAs and investment accounts:

Many ISAs and investment accounts allow you to nominate a beneficiary. Update these to name your spouse so the account passes to them without probate if you die.

Simran had an ISA worth £85,000 with her sister named as beneficiary. After marrying Arjun, she updated the beneficiary to him. When Simran died five years later, the ISA passed directly to Arjun without probate delays.

Credit cards:

You can add your spouse as a supplementary cardholder on your credit card. They build credit history, but you remain legally responsible for all charges.

Mortgage applications:

If you're buying property together, both names should appear on the mortgage and title deeds (unless you're deliberately keeping property separate for estate planning reasons).

Financial account updates are less urgent than wills or LPAs, but completing them within 6-12 months of marriage ensures your accounts reflect your new family structure.

Not all document updates are equally urgent. Here's how to prioritize what you tackle first.

Legally required (complete within 1-3 months):

  1. New will if you had one before marriage—your old will is now void
  2. Marriage certificate certified copies needed for all other updates
  3. Passport and driving license if changing your name (before they expire)

Strongly recommended (complete within 3-6 months):

  1. Lasting Power of Attorney (both Property/Financial and Health/Welfare)
  2. Property ownership review if switching to tenants in common makes sense for your family
  3. Life insurance and pension beneficiaries if you have existing policies

Recommended but not urgent (complete within 12 months):

  1. Bank account updates, especially if changing names or opening joint accounts
  2. Employer and HMRC records for accurate tax and payroll
  3. Utilities and council tax for administrative convenience

Consequences of not updating:

No will: Intestacy rules apply. Your spouse may not inherit as you'd wish, especially if you want specific bequests, have children from previous relationships, or own significant property.

No LPA: If you lose capacity, your spouse must apply for Court of Protection deputyship. This costs £421 application fee plus potential £259 hearing fee, legal costs of £2,000-£5,000, and takes 6-12 months.

Beneficiaries not updated: Your ex-partner, parent, or sibling might inherit your life insurance instead of your spouse. Life insurance beneficiary designations override your will.

Property ownership not clarified: May conflict with your will's intentions, especially in blended families where you want to protect both your spouse and children from previous relationships.

Action checklist:

Month 1-3 after marriage:

  • Order 3-5 certified marriage certificates
  • Create new will reflecting married status
  • Update passport if changing name
  • Update driving license if changing name
  • Notify employer of name or marital status change

Month 3-6 after marriage:

  • Create Property and Financial Affairs LPA
  • Create Health and Welfare LPA
  • Update life insurance beneficiaries
  • Update pension beneficiaries
  • Review property ownership type (joint tenants vs. tenants in common)

Month 6-12 after marriage:

  • Open joint bank account if desired
  • Update ISA and investment account beneficiaries
  • Update utilities, council tax, electoral register
  • Update medical records (GP, dentist)
  • Update car insurance, home insurance

Some couples complete everything within weeks. Others spread updates across their first year of marriage. The critical tasks—will, LPA, beneficiaries—should move to the top of your priority list.

Frequently Asked Questions

Q: Does getting married automatically revoke my will?

A: Yes. In England and Wales, marriage automatically revokes any will you made before getting married, unless that will was specifically made "in contemplation of marriage" to that person. This means if you die without making a new will after marriage, you'll die intestate and intestacy rules will determine who inherits your estate, which may not reflect your wishes.

Q: Do I need a deed poll to change my name after marriage?

A: No, you don't need a deed poll if you're taking your spouse's surname or creating a double-barrelled surname (like Smith-Jones). Your marriage certificate serves as proof of your name change. However, you will need a deed poll (£50.32) if you want to blend names, alter spellings, or create an entirely new family name.

Q: Should married couples hold property as joint tenants or tenants in common?

A: Joint tenancy is more common for married couples because the property automatically passes to the surviving spouse when one dies (right of survivorship). However, tenants in common might be better if you have children from previous relationships, want to control who inherits your share, or own unequal shares of the property. You can change your ownership type at any time using form SEV from the Land Registry.

Q: Do married couples get inheritance tax benefits?

A: Yes. Anything you leave to your spouse or civil partner is completely exempt from inheritance tax, regardless of the value. Additionally, if your spouse doesn't use their full £325,000 nil-rate band and £175,000 residence nil-rate band, the unused portion transfers to you, potentially giving you up to £1 million in tax-free allowances combined.

Q: Can my spouse automatically make medical decisions for me if I lose capacity?

A: No. In the UK, spouses do not automatically have the legal right to make medical or financial decisions on your behalf if you lose mental capacity. You must create a Lasting Power of Attorney for health and welfare decisions. Without an LPA, your spouse would need to apply to the Court of Protection to become your deputy, which is expensive and time-consuming.

Q: Do we need separate Lasting Powers of Attorney or can we share one?

A: Each person needs their own LPA. You cannot share a single LPA with your spouse. However, you can appoint each other as attorneys, and it's common for married couples to appoint each other as primary attorneys with children or other trusted people as backup attorneys. Each LPA costs £92 to register with the Office of the Public Guardian.

Q: What happens to my life insurance beneficiary when I get married?

A: Your life insurance beneficiary designation does not automatically change when you get married. You must contact your insurance provider to update your beneficiary to your spouse. If your policy is written in trust with a named beneficiary, changing the beneficiary may be restricted. It's important to review and update all insurance policies after marriage to ensure your spouse is protected.

Conclusion

Key takeaways:

  • Marriage revokes existing wills: Create a new will within three months reflecting your marital status, inheritance tax planning, and spouse protection. Don't assume intestacy rules will distribute your estate as you'd wish.
  • Spouses don't have automatic decision-making power: Without an LPA, your spouse must apply to the Court of Protection if you lose capacity—an expensive, time-consuming process. Create both types of LPA soon after marriage.
  • Order multiple marriage certificates early: You'll need certified copies for passport updates, bank changes, and employer notifications. Ordering at registration saves £24 per copy compared to ordering later.
  • Review property ownership carefully: Deciding between joint tenants and tenants in common affects who inherits your property share, especially important for blended families or unequal contributions.
  • Update all beneficiaries manually: Life insurance, pensions, and ISAs don't automatically change to your spouse when you marry. Named beneficiaries override your will, so update each policy individually.

Getting married is one of life's most joyful milestones—but it also brings significant legal changes that many couples overlook. Taking a few weeks to update these seven documents ensures your spouse inherits exactly what you intend, can act on your behalf if needed, and benefits from full inheritance tax protections. The peace of mind is worth far more than the few hours of paperwork.

Need Help with Your Will?

Marriage revokes your existing will and creates new legal protections for your spouse. Creating a new will after marriage ensures your estate plan reflects your marital status, maximizes inheritance tax benefits, and protects your spouse exactly as you intend.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete will (legally binding when properly executed and witnessed) plus three expert guides. Preview your will free before paying anything—no credit card required.

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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