What happens to my existing will when I get married?

In England and Wales, getting married will usually revoke a will you made before the marriage.

This means the earlier will normally stops being legally valid. It cannot generally be used to decide who should inherit your estate or who should deal with your affairs after your death.

This can happen even if:

• the will was made shortly before the wedding;
• your wishes have not changed;
• your new spouse is already included in the will;
• you intended the will to remain in place; or
• you did not know that marriage would revoke it.

Why does marriage usually revoke a will?

Marriage creates a significant change in your legal and family circumstances.

A spouse has inheritance rights under the intestacy rules that an unmarried partner does not automatically have. The law therefore treats marriage as an event that will usually bring an earlier will to an end.

The rule applies automatically. It does not depend on whether revoking the will reflects what you actually wanted.

This is why a will made before your wedding should not simply be placed back in a drawer and assumed to remain effective.

What happens if I do not make a new will?

If your earlier will has been revoked by marriage and you die without making another valid will, your estate will usually be distributed under the intestacy rules.

These rules determine who is entitled to inherit and in what order. They do not take account of informal promises, family conversations or the instructions contained in a will that is no longer valid.

The executor you previously chose may also no longer have authority to deal with your estate. Someone who is entitled under the intestacy rules may instead need to apply for authority to administer it.

The final outcome may therefore be very different from the arrangements you made before getting married.

Does my spouse automatically inherit everything?

Not necessarily.

If you die without a valid will and leave a spouse but no children or other direct descendants, your spouse will normally inherit the whole intestate estate.

If you leave both a spouse and children or other direct descendants, your spouse will normally receive:

• your personal possessions;
• the first £322,000 of the intestate estate; and
• half of anything remaining above that amount.

The other half of the remaining estate will normally pass to your children or their descendants.

The statutory amount can change and should be checked periodically. The wider outcome will also depend on the value and nature of the assets in your estate.

What happens if I have children?

Children can inherit under the intestacy rules, but the amount they receive will depend on the value of the estate and whether you leave a surviving spouse.

If the estate does not exceed the amount passing to your spouse under the intestacy rules, your children may receive nothing directly from the intestate estate.

This may not reflect the arrangements you would have chosen. You may, for example, want to:

• set aside a particular amount for your children;
• decide when younger beneficiaries should inherit;
• appoint people to manage an inheritance for them;
• leave particular possessions to individual children;
• appoint guardians for children under 18; or
• balance the needs of your spouse and your children.

A valid will allows these arrangements to be considered properly rather than leaving the outcome entirely to the intestacy rules.

What about children from an earlier relationship?

Children from an earlier relationship are included alongside children from your current relationship when the intestacy rules are applied. Biological and legally adopted children are generally treated in the same way.

However, your surviving spouse will still receive their entitlement under the intestacy rules before your children divide their part of the estate.

Stepchildren are treated differently. A stepchild whom you have not legally adopted will not normally inherit from your estate under the intestacy rules simply because you married their parent.

This makes a carefully prepared will particularly important for blended families. It allows you to decide what provision should be made for your spouse, your children, your stepchildren and anyone else important to you.

Can I make a will before getting married?

Yes.

A will can be prepared before the wedding in a way that prevents the intended marriage from revoking it. This is commonly described as making a will in contemplation of marriage.

For this exception to apply, the will must make clear that:

• you expect to marry a particular person; and
• you intend the will to remain valid after that marriage.

It is not enough simply to be considering marriage generally. The wording should identify the intended marriage and clearly address its effect on the will.

This can be useful where your wedding is approaching but you do not want to wait until afterwards to put proper arrangements in place.

Does divorce affect a will in the same way?

Divorce does not normally revoke the whole will in the same way that marriage does.

Once the divorce has been legally completed, the will will generally operate as though your former spouse had died on the date the marriage ended.

Gifts to your former spouse will normally fail. Their appointment as an executor, trustee or guardian will also usually stop taking effect, unless the wording of the will shows a different intention.

The rest of the will may remain valid, but removing your former spouse from its operation can create gaps or unintended results.

When should I make or update my will?

You should consider making or reviewing your will:

• when you become engaged;
• when you begin making definite wedding plans;
• before the wedding if a will is needed immediately;
• after getting married if no will was made in contemplation of it;
• when you have or adopt children;
• when you buy or sell a home;
• following a separation or divorce;
• when family relationships change; or
• when an earlier will no longer reflects your wishes.

You do not necessarily have to wait until after the wedding. A correctly prepared will can take the planned marriage into account.

If you are already married and still have a will made before your wedding, you should not assume that the document remains legally effective.

Making a will after marriage

A new will made after marriage allows you to consider your current circumstances rather than relying on arrangements made at an earlier stage of your life.

Depending on your situation, it may allow you to:

• provide clearly for your spouse;
• make arrangements for children or stepchildren;
• choose the people who will administer your estate;
• appoint guardians for children under 18;
• name substitute beneficiaries and executors;
• decide when younger beneficiaries should inherit;
• leave particular possessions or gifts;
• address the ownership of your home; and
• record further personal guidance in a Letter of Wishes.

Couples can prepare their wills together while still recognising that each person is making their own individual will.

The aim is not simply to replace the document revoked by marriage. It is to make sure your new arrangements properly reflect your spouse, your wider family and the wishes you now have.