Marriage is one of the most exciting times in many people’s lives and the wedding checklist can feel endless, but this is one important task that often gets missed.
Most couples don’t realise marriage invalidates their Will, which can have a significant impact on their future.
In this blog, we’ll discuss the impact marriage has on your Will and what happens if you don’t make a new Will, along with other important things to consider.
The Legal Bit Most Couples Miss
Many people don’t realise that marriage and civil partnerships automatically revoke an existing Will in England and Wales.
This isn’t widely known. Perhaps you and your partner drafted Wills when you purchased your first home together or had a child, but if the Will wasn’t properly drafted “in contemplation” of your marriage, it could be revoked once you marry. This simply means the Will must specifically state that it has been prepared with your upcoming marriage or civil partnership to a named person in mind.
If you already have a Will in place, it’s important to seek professional advice to ensure your wishes remain protected after your marriage or civil partnership.
What Happens If You Don’t Make a New Will?
If you already have a Will in place before getting married, failing to review or update it afterwards could lead to unexpected consequences for your loved ones.
The Rules of Intestacy determine who inherits your estate when there is no valid Will. These rules follow a strict legal order and may not reflect your personal wishes or family circumstances.
Under the Rules of Intestacy:
- Stepchildren do not automatically inherit unless legally adopted
· Certain family members may receive nothing, regardless of your relationship with them
· There may be potential Inheritance Tax implications
This can create uncertainty, financial difficulties and, in some cases, disputes between family members at an already emotional time. Putting a valid Will in place helps ensure your estate is distributed according to your wishes rather than a rigid legal formula.
What About a Will Made Before Engagement?
Many people think that getting engaged has an impact on their Will. In most cases, it does not.
Wills made before engagement are still valid, but engagement can be an ideal time to think about your existing Will and the impact marriage may have on it. It’s the marriage itself that revokes your Will, especially if it wasn’t drafted in contemplation of marriage.
A carefully drafted Will prepared in contemplation of marriage survives the wedding. This means your wishes remain in place and no further changes are required, giving you peace of mind for the future.
This is particularly important if you’re engaged and haven’t yet reviewed your arrangements. Planning ahead helps ensure your estate passes to your intended beneficiaries. Just because you get married, it doesn’t necessarily mean your spouse will inherit the entirety of your estate, and it may also mean children from a previous relationship receive nothing unless provision is made for them.
What Should Your New Will Cover?
Your Spouse or Civil Partner
Your Will explains what you want your spouse or civil partner to inherit and whether you wish to include any conditions designed to support future wealth preservation and Inheritance Tax planning.
You may also wish to include trusts within your Will to ensure children from a previous relationship still benefit from your estate.
Children – Including Any From Previous Relationships
If you have children, especially from a previous relationship, your Will should clearly state what you want them to receive. You can read more about this in our blog on Wills for blended families.
Remember, stepchildren have no automatic rights, and your Will can help protect and provide for them.
If you have young or vulnerable children, Will trusts can also help ensure they have the future and financial protection they deserve.
Guardianship
If you have children, or plan to have them in the future, your Will can state who you would like to care for them if both parents with parental responsibility pass away.
Don’t leave this to chance.
Pensions and Life Insurance
At present, pensions and life insurance policies usually sit outside your Will for Inheritance Tax purposes, so it’s important to check that nomination forms are up to date. From April 2027, unused pension funds and death benefits are expected to be included within your taxable estate for Inheritance Tax purposes.
This is a common oversight for newlyweds, so it’s important to ensure these nominations reflect your current wishes and align with your wider estate planning objectives.
Other Life Admin Worth Doing at the Same Time
If you are planning on updating or preparing a new Will, it’s also important to review the ownership of your property, especially if you have children from a previous relationship. Lasting Powers of Attorney also play an important role in estate planning and are worth setting up while you’re reviewing your legal affairs.
You should also consider updating beneficiaries on financial products and workplace benefits. Liberay Legal can assist with your estate planning needs to help ensure you and your family are protected for the future.
When’s the Best Time to Update Your Will?
Ideally, before the wedding and in contemplation of marriage. If you’re already married and haven’t done it yet, now is the right time.
Don’t wait for a “better moment” because it rarely comes.
How Liberay Legal Can Help
Plain English, no jargon.
We can help you cover everything in one appointment, including Wills, LPAs and wider estate planning. Our aim is to make the process straightforward, clear and tailored to your circumstances.
Frequently Asked Questions
Does marriage really cancel my existing Will?
Yes, if it hasn’t been drafted in contemplation of marriage.
What is a Will in contemplation of marriage?
A Will in contemplation of marriage is prepared before marriage and includes a specific clause stating it is made with an upcoming marriage to a named person in mind. This prevents the marriage from automatically revoking your Will.
Do I need a new Will if I’ve just entered a civil partnership?
Yes. A civil partnership is largely treated in the same way as marriage.
What if my spouse dies before me and I haven’t updated my Will?
If your spouse dies before you and you haven’t updated your Will, your estate may still pass according to the terms of your existing Will, depending on how it was drafted. If no valid provisions apply, some or all of your estate may pass under the Rules of Intestacy.
Can I update my Will before the wedding?
Yes, absolutely. Provided it includes the specific clause stating it is made in contemplation of marriage to a named person.
One More Thing to Tick Off the List
It’s sensible to take control if you have wedding plans in place or if you haven’t revisited your Will since tying the knot. It’s about protecting the people closest to you, ensuring your wishes are respected, and giving yourself peace of mind for the future.
If you’d like to get started, contact our team at Liberay Legal today to arrange an initial chat about your Will. We’re here to help you every step of the way.
