Definition
A contemplation of marriage clause is a provision in your will that prevents it from being automatically cancelled when you marry a particular named person.
Under UK law, marriage automatically revokes any will you made before the wedding. This clause protects engaged couples by ensuring their will survives the marriage ceremony and remains legally valid.
What Does Contemplation of Marriage Clause Mean?
Under Section 18 of the Wills Act 1837, marriage automatically revokes all pre-existing wills. The Administration of Justice Act 1982 introduced a crucial exception: if your will explicitly states you expect to marry a particular named person and intend the will to survive that marriage, it remains valid after the wedding. This exception requires two mandatory elements: naming the specific individual you're planning to marry, and clearly expressing your intention that the marriage should not revoke the will.
You must name a particular person—general statements like "if I marry in the future" provide no legal protection. Emma and James are engaged and planning to marry in 12 months. Emma makes a will stating: "At the time of making this will, I expect to be married to James Robert Thompson and intend that this my will shall not be revoked by my marriage to the said James Robert Thompson." When they marry eight months later, Emma's will remains valid because she named James specifically and expressed clear intent. The marriage must occur within a reasonable timeframe—case law like Re Gray's Estate [1963] established that a 25-year gap is too long. The provision applies equally to civil partnerships and marriages.
The clause only protects against marriage to the named person—marrying someone else revokes your will regardless. David creates a will in 2023 naming Sophie, but marries Jennifer in 2025 after his engagement ends. His will is revoked because the clause only protected against marriage to Sophie. This provision is crucial for people with children from previous relationships or significant assets. Sarah, aged 28, owns a £280,000 flat and has a six-year-old daughter, Lily, from a previous relationship. She's engaged to David but wants Lily to inherit. Sarah's will includes a contemplation of marriage clause naming David. When Sarah marries, her will remains valid, ensuring Lily inherits rather than David receiving everything under intestacy rules.
Common Questions
"Do I need a contemplation of marriage clause in my will if I'm engaged?" Yes, if you're making a will before your wedding and want it to remain valid after marriage. Without this clause, your will becomes void the moment you marry, leaving you temporarily intestate until you create a new will.
"What happens if I include a contemplation of marriage clause but then marry someone different?" Your will is automatically revoked because the clause only protects against marriage to the specific person you named. If you marry anyone else, Section 18's automatic revocation rule applies, making updating your will crucial if circumstances change.
"Can I use a contemplation of marriage clause if I'm planning to get married 'someday' but don't have a specific person in mind?" No, you must name a specific individual you expect to marry. Vague statements like "if I marry in the future" provide no legal protection under the Wills Act 1837.
Common Misconceptions
Myth: If I'm engaged, my will automatically stays valid when I get married.
Reality: Marriage automatically revokes any will made before the wedding unless you specifically include a contemplation of marriage clause naming your future spouse. Engagement status alone provides no protection under Section 18 of the Wills Act 1837.
Myth: I can protect my will by writing "this will should remain valid if I get married" without naming who I'll marry.
Reality: You must name the specific person you expect to marry—general statements about potential future marriage have no legal effect. The Wills Act 1837 explicitly requires expectation of marriage "to a particular person," making specificity legally mandatory.
Related Terms
- Marriage: Marriage triggers automatic will revocation; the contemplation of marriage clause is the statutory exception preventing this cancellation.
- Revocation: This clause prevents automatic revocation under Section 18 of the Wills Act 1837 when you marry the named person.
- Will: A contemplation of marriage clause is a provision within a will ensuring its survival after marriage to a named person.
- Engaged Couple: Engaged couples use this clause to address their unique estate planning needs before marriage.
- Marriage Revocation Rule: This clause is the statutory exception to the marriage revocation rule for engaged couples.
Related Articles
- Life Events That Require a Will Update: Marriage requires will review, and this clause protects your will through your wedding.
- Estate Planning for Second Marriages: Protect children from previous relationships while providing for your new spouse.
- First-Time Will Maker's Guide: Understand how marriage affects will validity and prevents common mistakes.
- When Should You Update Your Will?: Learn timing for will-making around engagement and marriage.
Need Help with Your Will?
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Legal Disclaimer: This glossary entry provides general information about UK legal terminology and does not constitute legal advice. For advice specific to your situation, consult a qualified solicitor. The exact wording of a contemplation of marriage clause is critical to its legal effectiveness, and we recommend working with a qualified solicitor or will-writing professional to ensure your clause meets all statutory requirements under Section 18 of the Wills Act 1837.