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Second Marriage

Also known as: Remarriage, Subsequent Marriage

Definition

Second marriage (or remarriage) is when someone marries again after a previous marriage ended through divorce, annulment, or death of their spouse, creating important estate planning considerations for blended families.

Understanding second marriage is critical because under the Wills Act 1837, marriage automatically revokes any existing will—your old will becomes legally worthless the moment you say "I do."

What Does Second Marriage Mean?

Second marriage is when you marry again after your first marriage ended, whether through divorce, annulment, or your spouse's death. Under the Wills Act 1837, Section 18, marriage automatically revokes any will you made before the marriage—your previous will becomes legally invalid the instant you marry. The only exception is if your will specifically states it was made "in contemplation of marriage" to that particular person. This automatic revocation rule creates serious risks for blended families, especially when both partners bring children from previous relationships.

If you die without making a new will after remarriage, your estate is distributed according to intestacy rules. Your new spouse inherits the first £270,000 of your estate plus half of anything above that amount. Your children from all marriages share the other half. Importantly, stepchildren have no automatic inheritance rights whatsoever unless you've legally adopted them. David remarried Sarah but never updated his will after marriage—his old will was automatically cancelled. When he died with a £500,000 estate, Sarah inherited £385,000 (£270,000 plus half the remainder), while David's two children from his first marriage received just £57,500 each. If David wanted his children to inherit more, his failure to make a new will defeated those wishes entirely.

Second marriages require balancing competing interests: providing security for your new spouse while protecting children from previous relationships. Even mirror wills aren't enough protection—the surviving spouse can change their will after you die, remarry, or make completely different financial decisions. Without structures like Life Interest Trusts, there's no guarantee your children will inherit anything. Michael and Jennifer made mirror wills leaving everything to each other, then to their respective children. After Michael died, Jennifer remarried and made a new will leaving everything to her new husband. Michael's three children received nothing, despite his original intentions. Life Interest Trusts solve this problem by allowing your spouse to benefit from assets during their lifetime (like living in your home) while ensuring your children ultimately inherit as you intended.

Common Questions

"Does remarriage automatically cancel my existing will?" Yes, in England and Wales, marriage automatically revokes any existing will made before the marriage, unless the will was specifically made in contemplation of that particular marriage and states this clearly. This means your previous will becomes invalid the moment you remarry, and your estate would be distributed according to intestacy rules if you die without making a new will.

"Will my children from my first marriage automatically inherit if I remarry?" No, children from a first marriage do not automatically inherit under intestacy rules in a second marriage. If you die without a valid will, your new spouse inherits the first £270,000 plus half of anything above that, with the remainder split among all your children. Stepchildren have no automatic inheritance rights unless legally adopted by you.

"How can I protect my children's inheritance when I remarry?" The most effective way is to create a new will after remarriage that clearly states your wishes. Many people use Life Interest Trusts, which allow your new spouse to benefit from assets (like living in your home) during their lifetime, while ensuring your children from your first marriage ultimately inherit. Professional legal advice is essential for balancing everyone's needs fairly.

Common Misconceptions

Myth: My existing will still applies after I remarry

Reality: Marriage automatically revokes any will you made before the marriage under the Wills Act 1837. Your old will becomes legally invalid the moment you marry, leaving you intestate if you die without making a new will. The only exception is if your will specifically stated it was made in contemplation of marrying that particular person.

Myth: My spouse will make sure my children are looked after

Reality: After you die, your surviving spouse is free to change their will at any time, remarry, or make completely different financial decisions. Even with mirror wills stating your children should inherit after both of you die, there's no legal obligation for the surviving spouse to follow through. Without a Life Interest Trust or similar legal structure, your children have no protection. Family solicitors report this is the most common source of inheritance disputes in blended families.

  • Blended Family: The family structure created when one or both partners bring children from previous relationships into a second marriage, requiring specialized estate planning to balance competing interests.
  • Revocation: The legal cancellation of a will—marriage is one of the automatic revocation events under the Wills Act 1837 that makes second marriage so legally significant.
  • Life Interest Trust: The primary estate planning tool for second marriages, allowing a surviving spouse to benefit from assets during their lifetime while preserving the ultimate inheritance for children from a first marriage.
  • Protecting Children from First Marriage: The specific estate planning goal that second marriage creates, ensuring children aren't accidentally disinherited when a parent remarries.
  • Intestacy: What happens when someone dies without a valid will—the default outcome if you remarry without making a new will, with intestacy rules prioritizing your new spouse over children from previous marriages.

Need Help with Your Will After Remarriage?

Just remarried? Your old will is now legally invalid—you need a new will immediately to protect both your spouse and children from previous relationships. Understanding second marriage laws is essential for avoiding accidental disinheritance.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will 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.