Marriage can have a significant impact on your existing will. Many people don’t realise that getting married often invalidates any will made prior to the marriage. This can have serious consequences for how your assets are distributed, especially if you have children or dependents from a previous relationship. Here’s a breakdown of what happens to your will when you tie the knot and what steps you can take to protect your wishes.

Why Marriage Automatically Cancels Your Existing Will

The law comes from the Wills Act 1837, specifically Section 18. The reasoning behind this rule is that marriage fundamentally changes a person’s legal obligations, introducing new responsibilities to a spouse that may not have been there before. For example, if you were single when you created your will, your intentions may have centered on family members, friends, or charitable donations. However, marriage by its very operation is an obligation toward your spouse, and the law assumes you want your spouse to be a primary beneficiary.

The exception to this rule is if the will was explicitly written “in contemplation of marriage” to a specific person. This means that if you’re about to get married and want your existing will to remain valid afterward, your will must expressly mention this intention. Without the Contemplation of Marriage clause, the marriage will invalidate the will, even if your partner was included in it.

Consequences of Having an Invalid Will After Marriage

If your previous will is invalidated due to marriage, you are essentially left without a will. This is known as intestacy. which means that the law will determine how your estate will be distributed. In England and Wales, intestacy rules prioritise spouses and children. So, if you pass away without a valid will, your spouse will inherit over half of your estate at the very least, with any remaining assets distributed equally among your children. 

Intestacy laws don’t take into account friends, unmarried partners, stepchildren, or charities, so these beneficiaries would be left out. Additionally, if you have complex family arrangements—like children from a previous relationship—relying on intestacy rules could leave them with much less than you intended.

Creating a New Will After Marriage

The best course of action after marriage is to create a new will that reflects your current circumstances and intentions. Updating your will gives you control over who inherits what, ensuring your assets are distributed according to your wishes. You can specify gifts for family members, friends, or charitable causes and make sure your spouse and any children are provided for in the way you envision.

When drafting a new will, it’s also wise to consider future-proofing it, especially if children or significant assets may come into play down the line. We can guide you through the process and ensure your will meets all legal requirements. Give us a call.