This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how remarriage affects estate planning in England and Wales, including the automatic revocation of wills, intestacy consequences, and practical steps to update wills, LPAs and other arrangements to secure your family's financial future.
Remarriage is a significant life event that can reshape family relationships, financial arrangements and how your estate will be distributed after your death. In England and Wales, the law treats remarriage in much the same way as a first marriage: certain legal effects automatically arise and can override existing estate planning documents if you do not take appropriate action. Understanding these legal consequences and practical steps helps ensure your will, trusts and other arrangements reflect your intentions - protecting your spouse, children and other beneficiaries.
Why Remarriage Matters in Estate Planning
Estate planning is the process of organising your affairs so that your property, money, investments and personal possessions pass to the people you choose after you die. Remarriage can disrupt existing plans because English law has long‑standing rules that affect wills and intestacy outcomes when a person marries or remarries. If you remarry without updating key legal documents, particularly your will, your estate could be distributed in ways you did not expect, potentially disadvantaging children from a previous relationship or other intended beneficiaries.
Because remarriage can also affect maintenance rights, financial orders from a former marriage and the ability to make claims under the Inheritance (Provision for Family and Dependants) Act 1975, careful coordination between your family law and estate planning is essential.
Legal Impact of Remarriage on a Will
Automatic Revocation of Existing Wills
Under Section 18 of the Wills Act 1837, marriage or remarriage automatically revokes any existing will unless the will was explicitly made in contemplation of that marriage. This has applied in English law for nearly two centuries and remains the current rule. The effect is that the will is treated as though it had never existed, and if no fresh will is made, the estate is treated as if the person died intestate (without a valid will).
A will can remain valid through a marriage if it includes a clause stating it was made “in contemplation of marriage” to a specified person. However, this requires careful wording, and many people remarry without realising their old will has been revoked.
Intestacy Rules After Remarriage
If a will is revoked by remarriage and you have not made a new one, the estate will be distributed under the intestacy rules in the Administration of Estates Act 1925. Under these rules:
- Your surviving spouse generally inherits a statutory sum (often a fixed lump), followed by a share of the estate.
- Children (including those from previous relationships) may share the remaining assets.
- Stepchildren are not recognised under intestacy and do not automatically inherit anything.
The precise shares and thresholds depend on the size of the estate and surviving relatives. Intestacy often results in outcomes contrary to your personal wishes if you have not updated your estate planning documents.
Practical Estate Planning Steps When You Remarry
1. Make a New Will Promptly
Because remarriage revokes a previous will, you should make or update your will before or shortly after your marriage. A fresh will lets you:
- Clearly set out how you wish your estate to be distributed.
- Provide for your new spouse while also making provision for children from earlier relationships.
- Choose trusted executors to administer your estate.
An updated will minimises the risk of unintended results under intestacy and potential disputes among beneficiaries.
2. Consider “In Contemplation of Marriage” Wills
If you want to have estate planning in place before your remarriage date, you may make a will that expressly states it is made “in contemplation of marriage” to your intended spouse. Such wills remain valid after the marriage takes place. However, this option requires precise legal drafting and clear identification of the intended spouse in the document.
3. Review Other Estate Documents
Remarriage can affect more than your will:
- Lasting Powers of Attorney (LPAs): If a former spouse is appointed as your attorney, marriage may affect their authority.
- Beneficiary nominations on pensions and insurance policies: These are separate from wills and do not change automatically.
- Jointly held property and trusts: Ownership structure and trust terms may need reconsideration in light of remarriage.
Regular review ensures that your broader estate plan aligns with your current family circumstances and legal intentions.
4. Balance Competing Family Interests
Remarriage often brings blended family situations into estate planning. Steps to manage these effectively include:
- Using trusts (such as life interest trusts) that allow a spouse to benefit during their lifetime while preserving capital for children.
- Tenancy in common for property ownership to ensure each partner's share passes to chosen beneficiaries rather than automatically to a spouse.
- Clear designation of beneficiaries on all relevant documents, especially where stepchildren or non‑blood relatives are to benefit.
Estate planning for blended families requires thoughtful structuring to reflect your intentions and reduce the likelihood of disputes.
Time Limits, Claims and Risks After Remarriage
Inheritance Act Claims
Even with a valid will after remarriage, individuals who are excluded or inadequately provided for can apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975. Eligible applicants may include spouses, former spouses, children or others who were financially dependent on the deceased. Courts consider factors such as financial needs, responsibilities and size of the estate. Effective estate planning reduces the risk of successful claims by setting out clear intentions and making reasonable provision.
Common Questions About Remarriage and Estate Planning
Does remarriage always revoke my will?
Yes. Unless your will was specifically made in contemplation of marriage and names your future spouse, your existing will is revoked when you marry. You should draft a new will promptly to avoid intestacy.
What happens if I die without a new will after remarriage?
If you die intestate after remarriage, the statutory rules in the Administration of Estates Act 1925 determine who inherits, usually prioritising your spouse and biological children, which may not reflect your personal wishes.
Can stepchildren inherit automatically after remarriage?
No. Stepchildren have no automatic inheritance rights under intestacy and must be specifically included in a will or trust.
Summary and Practical Guidance
Remarriage has significant legal effects on estate planning in England and Wales, particularly on the validity of existing wills. Law automatically revokes a pre‑existing will on remarriage unless it was made in contemplation of that marriage. To ensure your estate passes as you intend, you should promptly review and update your estate plan, consider wills drafted in anticipation of marriage, and balance the interests of spouses and children from different relationships. Review related legal documents and address any potential claims under the Inheritance (Provision for Family and Dependants) Act 1975. Taking proactive steps reduces the risk of intestacy, unintended outcomes and family disputes.
