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.
Understand how second marriages affect estate planning in England and Wales. This comprehensive guide explains how marriage impacts wills, intestacy rules, inheritance rights for spouses and children, and practical steps to protect your family's future.
Second marriages bring emotional and legal considerations to estate planning. Changes in family structure often mean that default inheritance rules no longer reflect your intentions. If you remarry without updating your estate plan, your existing will can be automatically revoked and your assets may pass in ways you did not intend under the strict rules of intestacy. This article explains the legal landscape in England and Wales, outlines common challenges in second marriages, and offers practical guidance on protecting your spouse and your children from previous relationships while minimising disputes, risk of claims and unintended financial consequences.
Why Second Marriages Change Estate Planning
When someone in England or Wales enters a second marriage, their legal obligations and the potential distribution of their estate change substantially. Unlike cohabiting partners, a spouse has automatic inheritance rights under both wills law and the intestacy rules. However, those rules are designed for simple family structures and do not take into account more complex situations such as children from previous relationships or blended families. If you fail to update your will after remarriage, your previous testamentary intentions are lost and may be replaced by statutory defaults that do not align with your current wishes.
Remarriage may also bring additional tax considerations, such as inheritance tax and the use of transferable allowances, and can expose your estate to claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“Inheritance Act”). Understanding these legal effects is vital when planning your estate.
How Marriage Affects Your Will
Under present law in England and Wales, marriage (or formation of a civil partnership) automatically revokes any existing will unless that will was specifically drafted “in contemplation of marriage” to your intended spouse. This longstanding rule is contained in Section 18 of the Wills Act 1837 and applies irrespective of whether the marriage is your first or second. If your will is revoked and you do not make a new one, intestacy rules determine who inherits.
The Law Commission has recommended modernising this outdated rule, but until Parliament introduces reforms, the automatic revocation remains in force.
Intestacy Rules After Remarriage
If you die without a valid will (including where a previous will has been revoked by marriage), your estate passes under the intestacy provisions of the Administration of Estates Act 1925. Under the current rules:
- Your surviving spouse inherits your personal possessions, the first portion of your estate (a statutory sum), and half of the remaining estate.
- Your children (including biological or legally adopted children) share the other half equally.
- Stepchildren do not automatically inherit anything under intestacy, regardless of their relationship with you.
In practical terms, this means that a new spouse could take most of your estate, potentially leaving your biological children from a previous relationship with less than you intended unless your will expressly states otherwise.
Challenges and Claims Under the Inheritance Act
Even when you have a valid will, someone excluded or inadequately provided for could apply to the court under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision. Eligible claimants include:
- A surviving spouse or civil partner
- A former spouse or civil partner
- Children (including those treated as children of the family)
- Someone financially maintained by you prior to death
Children and stepchildren can bring claims if they can demonstrate that they were treated as a child of the family or financially dependent on you. Courts assess claims based on factors such as the claimant's financial needs, your obligations, size of the estate and competing claims from other beneficiaries.
Practical Estate Planning Strategies for Second Marriages
1. Make or Update Your Will After Marriage
Remarriage should trigger an immediate review and likely a new will. A fresh will allows you to:
- Provide for your new spouse and children from both your current and previous relationships.
- Include specific gifts or trust provisions for stepchildren or other dependants.
- Avoid default intestacy outcomes that favour statutory shares over your actual intentions.
Simply relying on an old will may leave your estate distributed under legal defaults that do not reflect your relationships or wishes.
2. Use Trusts to Protect Beneficiaries
Trusts can be useful in balancing competing interests between a new spouse and children from a previous relationship. For example:
- A life interest trust can allow your spouse to benefit from assets during their lifetime (such as income from investments or the right to live in the family home), with capital passing to your children at a later date.
- A discretionary trust can offer flexibility to trustees to decide how assets benefit particular individuals, which may help address changing needs over time.
Trust structures, when drafted appropriately, can help ensure your estate is shared in accordance with your wider family context.
3. Consider Nuptial Agreements
Prenuptial and postnuptial agreements can influence the division of assets on relationship breakdown and offer some clarity on how wealth accrued before and after marriage should be treated. While not automatically binding in courts, they are increasingly upheld where:
- The agreement was entered into freely, without pressure
- Full financial disclosure was provided
- The terms are fair and reasonable
Such agreements can help protect wealth for children of previous relationships while offering fairness to your current spouse.
4. Be Clear About Stepchildren and Non‑Legal Children
Stepchildren do not have automatic inheritance rights unless adopted, even if they live with you or you have supported them financially. If you wish your stepchildren to benefit, you must include them in your will or trust and state this clearly. Failure to do so can lead to disappointment and potential claims under the Inheritance Act rather than assured inheritances.
5. Review and Communicate Your Plans
Significant life events - such as remarriage, birth of children, divorce, acquisition of property, or receipt of inheritance - should prompt a review of your will and wider estate plan. Communication with beneficiaries can reduce misunderstandings and reduce the likelihood of contentious claims after your death.
Common Questions About Second Marriages and Estate Planning
Does marriage always revoke my will?
Yes. In England and Wales, marriage or civil partnership automatically revokes any existing will unless it is made specifically “in contemplation of marriage” with proper wording. This means a will drafted before marriage often needs replacement.
Can stepchildren challenge my will?
Stepchildren do not have automatic inheritance rights, but they can apply under the Inheritance (Provision for Family and Dependants) Act 1975 if they were treated as a dependent or child of the family. These claims are discretionary and depend on financial needs and circumstances.
Can I protect my children from a previous marriage?
Yes. Tools like trusts, clear testamentary provisions, and nuptial agreements help ensure that assets you leave are shared in line with your intentions while still providing for a spouse. Professional legal drafting is essential for certainty.
Summary and Practical Advice
Estate planning after a second marriage requires careful thought to ensure your assets are distributed according to your wishes. Marriage automatically revokes existing wills, and intestacy rules may favour a new spouse over biological children unless you take proactive steps. Making a new will, using trusts, considering nuptial agreements, and including stepchildren where appropriate are key strategies. Regular review and clear communication help reduce disputes and ensure that your estate plan reflects your evolving family circumstances.
