How marriage affects your Will
17 October 2025
As part of Minstead Trust’s Legacy Week, we’re delighted to share insights from experts at Parker Bullen.
In this guest blog, Jack Rainsley from their Wills, Probate, and Estate Planning team explores an important topic that many overlook – how marriage can affect your Will.
How marriage affects your Will
When planning a wedding, most people focus on venues, guest lists, and what comes next as a couple. One thing often overlooked is how marriage affects your Will. It is a lesser-known fact that, in England and Wales, entering a marriage or civil partnership automatically revokes any existing Will, unless it was clearly written in anticipation of that marriage.
In this article, Jack Rainsley from Parker Bullen’s Wills, Probate, and Estate Planning team explains why this detail can have a major impact on your estate planning and what steps you should take to protect your wishes.
Why does marriage revoke your Will?
Under the Wills Act 1837, when you get married or enter a civil partnership, any existing Will becomes invalid, unless it specifically states that it was made “in contemplation” of that marriage.
This law was created to protect spouses when marriage usually marked someone’s first financial and legal responsibility. With the law being almost 200 years old, the reality is now very different. Today, many people marry later in life or re-marry, often bringing children, property, or financial commitments from previous relationships into the marriage. In these cases, having a Will that is accidentally revoked by marriage can lead to outcomes that do not reflect your wishes at all.
What happens if you do not update your Will?
If your Will becomes invalid and you have not made a new one, your estate will be distributed according to the rules of intestacy. These rules decide who receives what based on a strict legal formula, not on what you might have wanted. If you are in a second marriage, for example, and intended to leave assets to your children from a previous relationship, you could see your children left with nothing simply because your Will was not updated in time.
What should you do next?
It is easy to assume that making a Will once is enough, but marriage can turn everything on its head. A Will should be treated as a living document; it needs to reflect your life as it changes, and marriage is one of the biggest changes there is.
If you are getting married or have recently married, the best thing you can do is speak to a lawyer about reviewing your Will. This simple conversation before marriage can prevent serious legal and emotional complications later. In modern society where family structures are increasingly complex, keeping your Will up to date is not just wise; it is vital.
Seeking appropriate legal advice will also mean you are informed of the other important ways you can make your estate more efficient, for example, through leaving a charitable gift in your Will – sometimes referred to as a legacy.
– Jack Rainsley, Parker Bullen
Leaving a legacy can be a powerful way to support the causes you care about most. As part of our Legacy Week, we invite you to learn more about how a gift in your Will could help people with learning disabilities live more independent and fulfilled lives.