Summer weddings are magical, sun-drenched ceremonies, joyful celebrations, and the start of a new chapter. But amidst the romance and wedding planning, there’s one crucial detail many couples overlook: marriage can automatically revoke your Will.
If you’ve recently tied the knot or are planning to, updating your Will might not be on your honeymoon checklist, but it should be. Without a valid Will, your estate could be distributed in ways you never intended, leaving loved ones vulnerable.
Chris Stone Solicitor & Deputy Head of Wills, Trusts & Probate at Jackson Lees, explains why updating your legal documents after marriage is essential and how the law treats Wills post-marriage in England and Wales.
Does Marriage Really Cancel My Will in England and Wales?
Yes, marriage usually cancels your existing will.
Under Section 18 of the Wills Act 1837, a Will is automatically revoked when you marry, unless it was made “in contemplation” of that specific marriage. This means the Will must clearly state your intention to marry a named person.
If your Will doesn’t include this clause, you’ll need to make a new one after the wedding, otherwise, you’ll be left without a valid Will.
Do I Need to Create a New Will If I Enter into a Civil Partnership?
Absolutely.
Entering a civil partnership has the same legal effect as marriage when it comes to your Will. Just like with marriage, your existing Will is revoked, unless it was made in contemplation of that specific partnership.
What Happens If I Die Without a Will After Marriage?
If you die intestate (without a valid Will), your estate Will be distributed according to the rules of intestacy. These rules:
- Prioritise your spouse and biological/adopted children
- Exclude stepchildren, cohabiting partners, and friends
- May not reflect your personal wishes or family dynamics
As of 2025, your spouse would inherit the first £322,000 of your estate, all personal possessions, and half of the remainder. The rest goes to your children, potentially creating financial complications or disputes.
What If I Have Children from a Previous Relationship?
Blended families need extra care. If you remarry and don’t update your Will, your new spouse could inherit everything, leaving children from a previous relationship with nothing.
To avoid this:
- Update your Will to reflect your current wishes.
- Speak to our expert team to ensure your plan is valid and fair.
Without proper planning, your children’s inheritance could be at risk.
How Can Jackson Lees Help Protect My Future?
Your wedding is a joyful milestone, and a legal one. If you’ve recently married or are planning to, now’s the time to update your Will. It’s a simple step that protects your future together.
Life changes, marriage, children, new homes and your legal documents should keep up. Our friendly solicitors make updating your Will easy, giving you peace of mind that your loved ones are protected. Please give us a call, request a callback or make an enquiry to find out how our team can help.