Marriage Invalidates Your Will: What You Must Know

Emma spent £895 on a solicitor's will when she turned 30, carefully dividing her £180,000 flat and savings between her two children from a previous relationship. Three years later, she married James in a beautiful ceremony surrounded by family.

What she didn't know—what nobody told her during wedding planning—was that signing her marriage certificate had just wiped out her entire will.

When she died unexpectedly 18 months later, her children received nothing. Under intestacy rules, James inherited everything.

Marriage automatically revokes your will in England and Wales. It's one of the most shocking provisions in UK law—and one of the least known. In a Law Society survey of 895 solicitors, one in five reported clients who unknowingly lost their wills through marriage, leaving estates worth hundreds of thousands of pounds distributed contrary to their wishes.

If you're engaged, planning to marry, or recently married, your existing will is either already invalid or about to be. Here's everything you need to know about how marriage affects your estate plan—and what you must do to protect your loved ones.

Why Marriage Automatically Revokes Your Will in UK Law

Marriage doesn't just change your relationship status—it obliterates your will.

Under Section 18 of the Wills Act 1837, marriage or civil partnership automatically revokes any previous will, unless it was made "in contemplation of marriage" to that specific person. The law assumes marriage is such a significant life change that previous estate plans should be wiped clean.

The rule is absolute. It happens the instant you legally marry. No action required, no grace period, no exceptions—except the contemplation clause we'll discuss later.

This applies in England, Wales, and Northern Ireland. Scotland has different rules—marriage does not revoke wills there, a crucial distinction if you're planning a Scottish wedding or have assets in Scotland.

The revocation is automatic even if the marriage is later annulled or deemed to lack capacity. Once you've married, the will is gone. Courts have ruled that even in cases of predatory marriage—where vulnerable people are manipulated into marriage—the will remains revoked because the marriage did legally occur.

In 2022, 246,897 marriages took place in England and Wales. Most couples had no idea they needed to make new wills.

The law dates back to 1837, when marriage genuinely transformed a woman's legal and financial position. Today, 42% of solicitors believe this law should be changed—but 42% disagree. The Law Commission has proposed reforms, but the rule remains in force.

What Happens to Your Will When You Get Married

Your will becomes completely void the moment you sign the marriage register.

All provisions in the will—beneficiaries, executors, guardians for your children—are wiped out. Every carefully considered decision you made disappears. It's as if you never made a will at all.

You are now legally "intestate"—dying without a will. Intestacy rules automatically apply if you die before making a new will. Even an expensive, carefully drafted solicitor's will is instantly worthless.

This happens even if you had your will reviewed recently. It happens even if your solicitor told you it was "comprehensive and covered all eventualities." It happens regardless of how much you paid or how long you spent planning your estate.

Before marriage: Your will leaves your £200,000 estate to your children from a previous relationship, with your sister named as executor and guardian for any minor children.

After marriage: Your will is void. If you die, your new spouse inherits the first £322,000 plus all personal possessions. Your children get nothing if your estate is under this threshold. Your sister has no legal authority. The court decides who raises your children if both you and your spouse die.

The transformation is immediate and complete. Wedding planning covers flowers, venues, and honeymoons. Almost no one mentions that you're about to invalidate one of your most important legal documents.

The Intestacy Trap: What Really Happens If You Die After Marriage Without a New Will

"The law will sort it out" isn't reassuring when you understand what intestacy actually means.

Under UK intestacy rules for married couples, your surviving spouse inherits the first £322,000 plus all personal possessions plus 50% of everything above that threshold. Children share the other 50% of anything above £322,000.

For estates under £322,000—which includes many young couples and first-time homeowners—your spouse inherits everything. Your children from previous relationships get nothing.

Sound fair? Consider these three scenarios.

Sarah's Story: Sarah, 34, owned a £280,000 flat and had £30,000 in savings. She had two children, aged 8 and 10, from her first marriage. She married Tom and they were blissfully happy for 14 months before she died in a car accident. Because her total estate was £310,000—below the £322,000 threshold—Tom inherited everything. Her children received nothing. Her carefully saved deposit money, meant to help her daughters later in life, went entirely to a man they'd known barely a year.

David's Blended Family: David, 52, had a £450,000 estate—a house worth £380,000 and savings of £70,000. He had two adult children from his first marriage. He married Claire, who also had two adult children. When David died suddenly, Claire inherited the first £322,000 plus all personal possessions (including valuable items David had wanted his children to have) plus £64,000 (half of the £128,000 remainder). David's children shared £64,000 between them—£32,000 each—far less than the half he'd wanted them to receive under his now-void will.

Michael and Karen's Engagement: Michael and Karen lived together for ten years, jointly owning a £450,000 house with a joint mortgage. Michael died of a heart attack three weeks before their wedding. Because they weren't married, Karen inherited nothing under intestacy rules. Michael's parents—who he hadn't spoken to in five years—inherited his half of the house. Karen had to buy them out or sell the home she'd shared with Michael for a decade.

These aren't hypothetical disasters. They're real legal outcomes happening across the UK because people don't realize their wills have been revoked or don't understand intestacy rules.

Intestacy doesn't consider your relationship with your children, whether you have stepchildren (they get nothing unless legally adopted), your wishes for specific items or property, or who you trust to manage your estate. It's a one-size-fits-none solution that often creates exactly the outcomes you wanted to avoid.

The Exception: Making a Will "In Contemplation of Marriage"

There's one way to prevent automatic revocation—but it requires planning ahead.

Section 18(3) of the Wills Act 1837 states that a will is not revoked if it was made "in contemplation of marriage" to a specific person. This clause allows engaged couples to create a will that survives their wedding.

The legal requirements are strict. Your will must name the specific person you're marrying, must explicitly state the will is made in contemplation of marriage, and must show clear intention that the will should survive the marriage.

A suitable clause reads: "At the time of making this will, I expect to be married to [Full Name] and intend that this my will shall not be revoked by my marriage to the said [Full Name]."

The marriage must happen within a reasonable timeframe. In the case of Re Gray's Estate, a testator married 25 years after making his will—the court ruled the will was not made in contemplation of that marriage because too much time had lapsed.

Solicitors typically include this clause for engaged clients. Online will services may offer this option, though it's important to ensure the wording is legally correct. Simply stating "I'm getting married soon" in your will isn't enough—the language must be precise.

Important limitations you must understand:

The clause is only valid for the specific named person. If you break off your engagement and marry someone else years later, your will is revoked. If you're engaged to Sarah but ultimately marry Emma, the contemplation clause is worthless and the will is void.

The will must be properly executed—signed and witnessed according to legal requirements—before the marriage takes place. You can't add the clause after you're already married.

When this works well:

You're engaged with a firm wedding date in the next 6-12 months. You want to create a will now that will remain valid after marriage. You're certain about marrying this specific person and the wedding will proceed.

When this doesn't work:

You already have a will and just got engaged—your existing will won't have the contemplation clause, so you'll need to make a new will. You're in early-stage relationship discussions without a firm wedding plan.

The contemplation clause is powerful protection, but it must be drafted correctly. This isn't a DIY addition to an old will—it requires proper execution in a new will document.

Predatory Marriage: The Dark Side of Automatic Revocation

The automatic revocation rule has enabled a particularly cruel form of elder abuse.

Predatory marriage occurs when a vulnerable person—typically elderly or suffering from dementia—is manipulated into marriage for financial gain. Because marriage automatically revokes the victim's will, the new spouse can inherit everything under intestacy rules. The victim's intended beneficiaries, often adult children, receive nothing.

The legal problem is stark: the will remains revoked even if the marriage is later proven to involve undue influence or lack of capacity to consent to marriage.

The Joan Blass Case:

Joan Blass was 91 years old and suffering from severe vascular dementia when she married Colman Folan, her 68-year-old live-in carer, in October 2015. She'd been diagnosed with dementia in 2011 and couldn't recall her age or house number at the time of the marriage.

The wedding was kept secret from her family, friends, GP, council, and bank. Joan died five months later in March 2016.

Her £210,000 estate went to Folan instead of her two children, as she'd intended under her will. The marriage had automatically revoked her will, and under intestacy rules, her husband inherited everything.

The deputy registrar had determined Joan knew what she was doing and was acting freely. The capacity required to marry is much lower than the capacity required to make a will—a legal anomaly that enables this abuse.

Joan's daughter Daphne has campaigned nationally to change the law. Her local MP proposed a private member's bill to reform marriage and will revocation rules. The case has become the face of predatory marriage awareness in the UK.

In the Law Society's 2023 survey of 895 solicitors, one in five (21%) reported having had a client they suspected was in a predatory marriage. One in 10 solicitors had a client they suspected lacked capacity to consent to marriage.

The Forced Marriage Unit reported 137 cases in 2019 involving victims whose mental capacity was in doubt. These are only the cases that were reported—many families never discover the truth until it's too late.

The Law Commission has recommended abolishing the automatic revocation rule partly to address predatory marriage. The proposal has divided the legal profession, with 42% of solicitors supporting change and 42% opposing it.

Why this matters for all engaged couples:

The predatory marriage crisis demonstrates that the law doesn't always protect people's true intentions. It shows why making a new will after marriage is crucial—you can't rely on old provisions or assume the law will deliver fair outcomes.

If you have elderly relatives, be aware of the signs. If you're marrying later in life, ensure your will is updated to reflect your genuine wishes and protect against any future vulnerability.

What Engaged Couples Must Do Before Getting Married

Wedding planning includes venues, caterers, and flowers. It must also include will planning.

Step 1: Understand your current position

If you have an existing will, assume it will be revoked when you marry. Review what you currently have in place—who inherits, who's named as executor, who's designated as guardian for children.

If you don't have a will, you're already intestate, and marriage won't change that—but you should still make one to protect your fiancé(e) and any children.

If your fiancé(e) has children from previous relationships, their will needs updating to protect those children after you marry.

Step 2: Decide on your timing strategy

You have three options, each with different advantages:

Option A—Make a will now "in contemplation of marriage": This protects you if you die before the wedding. The will remains valid after marriage. Best for couples marrying in 3-6 months with a firm wedding date.

Option B—Make a new will immediately after the wedding: This is simpler and doesn't require contemplation language, but leaves a gap if you die between now and making the post-wedding will. Best for couples marrying soon who want to wait until they're actually married.

Option C—Make a temporary will now, then a final one after marriage: This is the most cautious approach. Make a basic will now (even without contemplation clause) to cover the engagement period, then make a proper married will after the wedding. Best for couples with complex estates or significant time before the wedding.

Step 3: Discuss estate plans together

This is harder than choosing wedding colors, but it matters more.

Discuss what happens to any shared property you own. Clarify what happens to individual assets, especially if there are children from previous relationships. Decide who should be executors—will you name each other, or include others like siblings or close friends?

If there are children, who should be guardians if both of you die? This single question stops many couples from completing their wills, but avoiding it doesn't make the problem go away.

Step 4: Make your will

You can use WUHLD's online will service for £49.99 (covers both partners, 15 minutes, can include contemplation of marriage clause). Alternatively, book a solicitor, typically £150-£700+ depending on complexity.

Include both partners in the discussion even if you're making individual wills. Many couples choose to make mirror wills—similar provisions that ensure consistency.

Step 5: Review after marriage

Even with a contemplation clause, review your will 6-12 months after marriage. Marriage changes your financial situation, your property ownership, your priorities. Ensure your will still reflects your wishes as a married couple.

Update whenever circumstances change—new children, property purchases, significant inheritance, changes in relationships with named executors or guardians.

Special considerations:

Second marriages and blended families require extra care—learn more about protecting everyone in blended family estates. Significant assets or complex estates may need additional professional advice. Business ownership introduces succession planning issues. Property in multiple countries requires understanding of different jurisdictions.

For most engaged couples, this process takes less than an hour and costs less than £100. The protection it provides is priceless.

What to Do If You're Already Married and Haven't Updated Your Will

First: don't panic. Second: don't delay.

If you married recently, your old will is already void—you're currently intestate. If you married years ago, same situation, but you've been at risk longer.

The good news? The solution is straightforward: make a new will now as a married person.

Your new will should reflect your status as a married couple, name your spouse (if you want them to inherit), provide for children from any relationship, name appropriate executors, and consider guardians if you have minor children.

Timeline for action:

Urgent—within 1 month: If you have children from previous relationships, significant assets over £300,000, or complex family situations. These scenarios create the highest risk of your family not receiving what you intend.

High priority—within 3 months: If you have dependents, own property, or have specific wishes about who inherits particular items or amounts. Most married couples fall into this category.

Important—within 6 months: For all married couples without a current will. Even young, healthy couples with modest assets need basic protection.

Cost reality check:

A solicitor charges £150-£700+ for joint wills, often requiring multiple appointments over several weeks. WUHLD charges £49.99 as a one-time payment covering both partners, completed in 15 minutes online. Peace of mind is priceless, but it doesn't have to empty your bank account.

Common excuses—and why they don't work:

"We're young and healthy"—Emma was 33 when she died unexpectedly. Accidents, illness, and tragedy don't check age before striking.

"My spouse will inherit anyway"—Not if you have children. Not if your estate is structured in ways intestacy doesn't recognize. And is "everything to spouse, nothing to children" really what you want?

"It's too expensive"—£49.99 is less than you spent on wedding flowers. Legal disputes over intestate estates cost thousands and destroy family relationships.

"It's too complicated"—Fifteen minutes online versus years of intestacy disputes, court involvement, and family conflict. Which is actually more complicated?

You've already invested in your wedding, your home, your life together. Invest 15 minutes in protecting what you've built.

Special Situations: Remarriage, Blended Families, and Complex Estates

Automatic will revocation hits hardest in complex family situations.

Remarriage after divorce:

Your will from your first marriage was probably revoked when you got married the first time. If you made a new will during your first marriage, divorce partially revoked it—removing your ex-spouse as beneficiary but leaving the rest intact.

Your new marriage revokes any will you made after divorce. Everything is wiped clean again.

This is critical if you have children from your first marriage who might otherwise be disinherited under intestacy rules. Consider what happens to property from your first marriage, any existing trusts you've set up, and pension nominations you've made.

Remarriage after widowhood:

Your will from your first marriage—if you had one—is revoked by remarriage. Adult children from your first marriage may have expectations about inheriting family property or items with sentimental value.

You're balancing between your new spouse's needs and existing children's inheritance. Consider property you inherited from your late spouse, how to fairly provide for children while protecting your new partner, and the complex family dynamics that come with remarriage.

Blended families:

This is the most complex scenario: your children, their children, our children together.

Intestacy rules don't recognize stepchildren unless they're legally adopted. If you die intestate after remarriage, your biological children may inherit while your stepchildren—whom you've raised and love—receive nothing.

You need clear provisions for the immediate needs of your surviving spouse, protection of inheritance for your biological children, fairness across the entire blended family, and safeguards if your spouse remarries after your death and potentially disinherits your children.

Significant assets or business ownership:

Marriage revoking your will can have major inheritance tax implications. Careful tax planning disappears when the will is revoked. Business succession planning can be wiped out, leaving your company's future uncertain.

Property portfolios need clear direction about who inherits, who manages, and when properties should be sold. Consider whether trusts, life interest arrangements, or business property relief planning should be part of your new will.

Who needs extra care with marriage and wills:

Situation	Risk Level	Why It Matters
Second marriage with children from first	CRITICAL	Children can be completely disinherited under intestacy
Significant estate (£500k+)	HIGH	Tax planning revoked; intestacy may not be tax-efficient
Business owner	HIGH	Business succession plans wiped out
Property investor	HIGH	Complex assets need clear direction
Recent widow/widower remarrying	MEDIUM	Inherited property may go to new spouse, not children
Engaged, first marriage	MEDIUM	Existing will is about to be revoked

If your situation appears in this table with HIGH or CRITICAL risk, consider combining WUHLD's online will with a consultation with a solicitor specializing in estate planning. You can create a basic will online to ensure you're protected, then seek professional advice for complex tax planning or trust arrangements.

The key is having something in place. An imperfect will is infinitely better than no will at all.

How WUHLD Makes Post-Marriage Will Planning Simple

Wedding planning is expensive and time-consuming. Will planning shouldn't be.

Why engaged couples choose WUHLD:

Fast: Complete your will in 15 minutes online versus weeks waiting for solicitor appointments when you're busy planning a wedding, booking venues, and managing family expectations.

Affordable: £49.99 one-time payment covering both partners versus £150-£700+ for solicitor joint wills. That's less than 10% of typical solicitor fees.

Can include contemplation of marriage clause: Protect yourself from engagement through wedding with proper legal language that survives your marriage.

Preview first: See your complete will before paying—no credit card required, no obligation, no pressure. You'll know exactly what you're getting.

Four documents included: Your legally valid will, plus a 12-page Testator Guide explaining execution, a Witness Guide to give your witnesses, and a Complete Asset Inventory document to record everything you own.

Update when you need to: Review your will after marriage to ensure it still reflects your wishes. Make changes as your life evolves.

Perfect timing options:

3-6 months before wedding: Make wills in contemplation of marriage. You're protected through engagement and beyond. Review 6 months after marriage to confirm everything still fits your situation.

1-3 months after wedding: Make new wills as a married couple. The wills reflect your new status and protect you going forward. No gap to worry about after the honeymoon.

What you'll receive:

A legally valid UK will that complies with all requirements of the Wills Act 1837. Clear provision for your spouse and any children. Named executors you trust to handle your estate. Guardian nominations if you have minor children. Specific gifts and bequests for items with financial or sentimental value. Residuary estate distribution ensuring everything is covered.

Real couples' situations we cover:

First marriages with no children yet. Second marriages with children from previous relationships. Cohabiting couples planning to marry who need protection now. Engaged couples with property or businesses. Anyone who wants to protect their partner, children, and family's future.

Getting started takes five simple steps:

Start your will online with no account required. Answer simple questions about your wishes—the platform guides you through every decision. Preview your complete will for free to ensure it's exactly what you want. Pay £49.99 only when you're completely satisfied with what you see. Print, sign, and witness your will—we provide detailed instructions for proper execution.

You're planning the perfect wedding. Don't forget to plan for the perfect marriage—and everything that comes after.

Frequently Asked Questions

Q: Does getting married automatically cancel my existing will?

A: Yes. Marriage automatically cancels (revokes) your will in England, Wales, and Northern Ireland the moment you sign the marriage register, unless the will was made "in contemplation of marriage" to that specific person. Scotland has different rules—marriage does not revoke wills there.

Q: What happens if I die shortly after getting married without making a new will?

A: You die intestate—without a valid will. Your estate is distributed under intestacy rules, with your spouse inheriting the first £322,000 plus all personal possessions plus 50% of anything above that amount. Your children share the other 50%. If your estate is under £322,000, your spouse inherits everything and your children receive nothing.

Q: Do I need a new will after getting married even if I want everything to go to my spouse?

A: Yes. Without a will, intestacy rules apply, which may not match your wishes if you have children, specific items you want particular people to inherit, or preferences about who manages your estate. You also need a will to name guardians for minor children and to specify executors you trust.

Q: How much does a will cost after getting married?

A: A solicitor typically charges £150-£700+ for joint wills, depending on complexity. WUHLD's online service costs £49.99 covering both partners, with preview before payment. The investment is minimal compared to the cost of intestacy disputes or estates distributed contrary to your wishes.

Q: Can I make a will before my wedding that stays valid after I'm married?

A: Yes. Make a will "in contemplation of marriage" that names your specific fiancé(e) and explicitly states the will should not be revoked by the marriage. This requires precise legal language. WUHLD's online service includes this option for engaged couples.

Q: What if I got married years ago and never updated my will?

A: Your old will was revoked when you married and you're currently intestate. Make a new will as soon as possible—ideally within the next month if you have children or significant assets, within three months for most situations. The solution is straightforward: create a will that reflects your current married status.

Q: Does divorce reinstate my old will from before I was married?

A: No. Divorce partially revokes your current will (removing your ex-spouse as beneficiary) but does not reinstate any will that was previously revoked by marriage. If you divorce, review and update your will to ensure it reflects your current wishes.

Protect Your Family: Make Your Will Today

Marriage changes everything about your legal and financial life. Don't let it destroy your estate plan without your knowledge.

Key actions for engaged and married couples:

If you're engaged: Make a will in contemplation of marriage now, or plan to create one within 1-3 months after your wedding
If you're married and haven't updated your will: You're currently intestate—make a new will within the next month
If you have children from a previous relationship: This is critical—protect their inheritance with a clear, legally valid will that accounts for your new spouse
If your estate is complex: Combine WUHLD's affordable online will with professional advice for specific tax or trust planning
Don't wait: Making a will takes 15 minutes and costs less than your wedding flowers—but protects everything you've built together

Marriage is one of life's most important milestones—a celebration of love, commitment, and building a future together. It shouldn't wipe out your carefully made estate plan without warning.

By understanding how marriage affects your will and taking action now, you ensure your loved ones are protected no matter what life brings.

Create your will with WUHLD today. For just £49.99—a one-time payment covering both partners—you'll complete your legally valid will online in 15 minutes. You can preview your complete will before paying anything, with no credit card required.

Get the protection you need without the expense and delay of traditional solicitors.

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

Start creating your will now — it's quick, affordable, and backed by legal experts.

Legal Disclaimer: This article provides general information about how marriage affects wills under UK law and does not constitute legal advice. For advice specific to your individual situation, particularly if you have complex assets, business interests, blended family considerations, or concerns about vulnerable family members, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates; complex situations may require professional legal advice. The information in this article applies to England, Wales, and Northern Ireland. Scotland has different succession laws where marriage does not automatically revoke wills.

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