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 to revise a will after marriage in England and Wales. This detailed guide explains how marriage affects your will, when and why to update it, legal formalities, intestacy consequences, and practical steps to make sure your estate plan reflects your current circumstances.
Marriage is a significant life milestone with important legal consequences for your estate planning. Under the law in England and Wales, marrying or entering into a civil partnership typically affects the validity of any existing will you have. Understanding how and why to revise your will after marriage is essential to ensure your estate is distributed in accordance with your intentions, that your spouse and other beneficiaries are correctly provided for, and that your estate administration is effective and legally sound.
The Legal Impact of Marriage on Your Will
In England and Wales, marriage automatically revokes any existing will you made before the wedding day unless the will was made in contemplation of that marriage and specifically states this intention. This legal rule originates from section 18 of the Wills Act 1837, as amended, and has the practical effect that unless you act, your existing will becomes invalid on marriage and you are treated as dying without a will (intestate). If you die intestate, your estate will be distributed under strict statutory rules that may not reflect your wishes.
Why Marriage Revokes a Will
Marriage revokes a will because the law assumes that entering into a legally binding relationship changes your priorities and responsibilities, especially financially and personally. This automatic revocation acts as a default safeguard so that a new spouse is considered when your estate is distributed. However, this rule catches many people unaware, and without a new valid will you leave your estate to be settled under the law's default rules rather than your own choices.
Understanding the Rule: When and How It Applies
Automatic Revocation
If you marry or form a civil partnership after making a will, that will ceases to have any legal effect immediately on the marriage taking place. When you later die, it will be as if you had never made a will - in legal terms, you may be treated as intestate.
Exception: Will Made in Contemplation of Marriage
An exception exists: if your will explicitly states it was made in contemplation of marriage to a specific person, and names that person, the will is not revoked by your later marriage to that person. This wording must be clear and precise to have legal effect.
The Rules of Intestacy
If a will is revoked by marriage and you do not make a new one, your estate is distributed under the rules of intestacy in the Administration of Estates Act 1925. These rules govern how assets pass to surviving relatives:
- A spouse or civil partner normally receives a significant portion of the estate and personal effects.
- Children may share in the residue of the estate.
- Other relatives may inherit only if you have no spouse or children.
Intestacy rules do not recognise unmarried partners regardless of how long you lived together, and they do not allow for gifts to charities or specific friends unless specified in a valid will.
When You Should Revise Your Will After Marriage
Immediately After Your Wedding
Because marriage typically invalidates your previous will, you should review your estate plan promptly after the wedding date. A new will or revised estate plan ensures your spouse and other beneficiaries are provided for according to your current wishes.
Following Other Major Life Changes
Although this article focuses on marriage, you should also consider revising your will after other significant life changes such as:
- Birth or adoption of children
- Purchase or sale of significant assets
- Changes in financial circumstances
- Separation or divorce
- Remarriage after a divorce
These events can affect the fairness and applicability of your existing will. Regular reviews help ensure it remains appropriate.
How to Revise Your Will After Marriage
Step 1: Determine Whether Your Existing Will Is Valid
Check whether your current will was made in contemplation of your marriage. If it was not, it is no longer valid. Don't assume that simply having a copy of your old will means it still applies.
Step 2: Consider Your New Circumstances
Marriage often changes your financial arrangements, family commitments, and beneficiaries. Think about:
- Who should inherit your estate
- Your spouse's entitlement
- Children and other dependants
- Guardianship arrangements for minors
- Trusts for specific assets
Your new will should reflect all these considerations clearly.
Step 3: Choose Between a Codicil and a New Will
In some cases you may adjust an existing will with a codicil - a formal document that amends part of a will without replacing it entirely. However, where an existing will has been revoked by marriage, a codicil is not appropriate since there is no valid will to amend. The usual solution is to draft and execute a new will.
Step 4: Ensure Legal Formalities Are Observed
For a will to be valid, it must be:
- Signed by you in the presence of at least two independent witnesses
- The witnesses must also sign in your presence
- You must have mental capacity and understand the effect of the document
Failing to follow these formalities can render a will invalid, resulting in unintentional intestacy.
Step 5: Store Your Will Safely
Once executed, keep your will in a secure but accessible place. Inform your executors and trusted family members where the original document is stored. This aids estate administration and avoids unnecessary delay.
Common Questions About Revising a Will After Marriage
Can I use my old will if I don't want to include my spouse?
No. Unless your will is made in contemplation of the specific marriage, it becomes invalid. You must make a new will that expressly sets out your intentions.
Is a will made before engagement valid after marriage?
Only if the will includes clear wording that it was made in contemplation of marriage to the specific person you later married. General statements of future marriage intention are unlikely to satisfy the legal requirement.
Does divorce have the same effect as marriage?
Divorce does not automatically revoke a will in the same way. Instead, provisions in favour of an ex‑spouse are treated as if that person died before you, and may fail unless updated. However, you should still review and update your will after divorce.
Key Takeaways
In England and Wales, marriage generally revokes any will you made before the ceremony unless it was expressly made in contemplation of that specific marriage. If you do not revise or replace your will after marriage, you risk dying intestate and having your estate distributed under statutory rules rather than your wishes. To avoid this, assess your circumstances promptly after marriage, draft a new will that reflects your priorities, observe formal legal requirements, and store the document securely. Regular reviews of your estate plan following major life changes can protect your loved ones and ensure your intentions are legally effective.
