How Does Marriage Affect Your Will?

Is a Will invalidated by marriage? This is a common concern for many couples who are about to get married. Before tying the knot, it’s important to understand what marriage may potentially affect. To learn more about whether a Will is invalidated by marriage, continue reading.

Marriage and How it Affects Your Will

In England and Wales, when you marry, this invalidates and voids any Will that you have in place. Marriage automatically revokes your Will, which means that the intestacy rules will apply to your estate if anything were to happen to you.

What Does Revoked and Invalidated Mean?

We understand that legal terms surrounding the revocation and invalidation of your Will may be confusing, so let us break them down:

• Revoked: Automatically cancelled
• Invalidated: Legally ineffective

In simple terms, your Will becomes revoked (automatically cancelled) upon marriage, making it invalidated (legally ineffective).

Is a Will Invalidated by Marriage?

Yes, a Will is invalidated by marriage as it is revoked under the Wills Act 1837 (Section 18). Many of us don’t know that a Will is revoked by marriage, leaving us unaware due to the automatic rules currently in place.

Why Does Marriage Revoke a Will in the UK?

Pre-existing wills become revoked after entering a legally binding marriage contract - but why? Marriage changes both your legal and financial position, so the law believes that important legal documents (like your Will) should be reviewed and changed.

This is due to the presumption that you would want to update your Will to include your new spouse, and prevent your estate from being distributed under the Rules of Intestacy.

What are the Rules of Intestacy?

Under the Rules of Intestacy, if you are:

• Married with children (with an estate worth £322,000 or less): Your spouse inherits everything, including personal belongings
• Married with children (with an estate worth more than £322,000): Your spouse inherits the first £322,000 and personal belongings, and the remainder is split equally between your spouse and children

How to Keep a Will Valid After Marriage

So, is there any possibility of keeping a Will valid after marriage? Typically, no. But as mentioned, making a Will ‘in contemplation of marriage’ allows you to keep a Will valid after marriage.

This specific legal method requires clear details about the person you intend to marry, including their full name, and orders to keep your Will valid rather than be revoked. Commonly, engaged individuals create a Will ‘in contemplation of marriage’ to avoid remaking one after marriage.

Marriage: Other Factors That Affect Your Will

Regarding marriage, both divorce and remarriage can have a significant impact on your Will.

How Divorce Affects Your Will

Divorce doesn’t necessarily impact your Will, but it can have an effect. Unlike marriage, divorce doesn’t revoke your Will. Instead, your now ex-spouse’s inheritance or executor role automatically becomes void. While this may sound beneficial to some, many divorcees share children or property, so making a new Will to fulfil your wishes after death is essential.

How Remarriage Affects Your Will

Remarriage has the exact same effect on an existing Will as if you had married for the first time - your Will becomes revoked and invalidated. This can also have further implications for your children from a previous marriage.

Due to your Will being invalidated upon remarriage, your children may be disinherited if you remarry. This means that if you fail to create a new Will, your estate will be inherited under the Rules of Intestacy.

Will the Marriage Revocation Rule Ever Change?

The Law Commission recently recommended abolishing the current rule to revoke a Will upon marriage. While this is somewhat hopeful for individuals who believe the current marriage revocation rule should change, no further update has been made.

Making a New Will After Marriage

Now that you're aware of the effects that marriage can have on your Will, it may be the right time to create a new one. If you've recently got married or are about to tie the knot, we urge you to consider creating a new Will with us at Bell Lamb & Joynson.

We have over 200 years of experience in helping and advising clients in creating wills across the UK. Creating a valid Will is essential, especially after marriage.

For guidance and support in creating a new Will after marriage, please contact our team today.