Does Marriage Revoke Your Will? A Pre-Wedding Checklist
Updated: Sep 15
Wedding plans often include a venue, a guest list and a new address. An existing will deserves a place on the list. In England and Wales, marriage generally revokes a will made beforehand, so the document you signed years ago may no longer control your estate after the ceremony. There is a narrow exception for a will made in contemplation of the particular marriage, but it needs careful wording and checking. The same general concern arises on forming a civil partnership. This is an estate-planning question, not a reason to postpone making a will.
What happens to an old will after marriage?
The general rule is found in section 18 of the Wills Act 1837. The GOV.UK guide to updating a will tells readers to review after getting married because it cancels a previous will. In ordinary circumstances the prior will does not simply 'come back' if the marriage later ends. A new, valid will is the practical way to express your wishes.
If the old will is revoked and no new valid will exists at death, statutory intestacy rules determine who can inherit. Those rules may not match your intentions for a spouse, children from an earlier relationship, a partner, relatives or charities. GOV.UK's making-a-will overview explains that without a will the law decides who gets what. Exactly who receives what depends on the family and assets at death; do not rely on a general example instead of a tailored check.
The contemplation-of-marriage exception
A will can be prepared in contemplation of marriage to a particular person and expressed so that the marriage is not to revoke it. This is a specific exception, not an automatic rule that any recently signed will survives a wedding. If you already signed a will 'because we intend to marry', have the wording reviewed before relying on it. The date, identity of the intended spouse and the document's precise terms matter. A change of intended spouse, a new civil partnership or a complex family arrangement needs individual advice.
If you intend to make a will before the ceremony, explain the impending marriage or civil partnership at the outset. The drafter can consider whether to include an appropriate contemplation clause and whether to make a new will after the event. Do not write an informal note on a signed will: the law has formal requirements for wills and codicils.
A practical checklist before the ceremony
Locate the original will and any codicils. Note its date, the executors, the beneficiaries and any named guardians. Ask whether it was made for this particular planned marriage and whether it expressly anticipates the event. List assets and debts, including property, accounts and business interests; also list pensions and insurance policies separately because nomination and ownership arrangements can work differently from a gift in a will. Identify jointly held property and any dependants or children whose needs require thought.
Decide whom you want to act as executor and who should inherit if a beneficiary dies before you. Consider specific gifts, residue and substitute beneficiaries, rather than leaving gaps. If you have a blended family, a jointly owned home, foreign property, a business, potential inheritance-tax complexity or any concern about capacity or pressure, ask for specialist legal or tax advice. An uncomplicated will template can miss the most consequential question in a complex estate.
Tell a trusted person where the signed original is kept, while respecting privacy and security. Ensure the final document is signed and witnessed correctly. GOV.UK says a will needs formal witnessing and signing to be valid, and a codicil must be witnessed in the same way. Our witnessing checklist explains practical signing issues; it does not replace a review of the wording.
What if you are already married and never updated it?
Find the last will and the date of the marriage. Do not assume that a copy is effective merely because it remains in a drawer. If the old will was not saved by a relevant exception and you have not made a later will, plan a new one. For substantial changes GOV.UK recommends a new will explaining that it revokes previous wills and codicils. Tell the drafter about all earlier documents, including overseas wills, to avoid unintended revocation or conflicting instructions.
Illustrative example
Rina signed a will leaving her estate to two siblings. Three years later she marries Lee but does not review the will. Assuming the ordinary revocation rule applies and no later will exists, the old sibling gifts will not simply operate as written. The result under intestacy would depend on Rina's family and estate at death. A new will can set out her wishes clearly; this illustration is not an intestacy calculation or individual legal advice.
Frequently asked questions
Does an engagement revoke a will?
No. The general revocation event discussed here is marriage, not engagement. But engagement is an excellent time to check whether your will should anticipate the marriage.
Can I add a handwritten sentence to my signed will?
Do not assume that will be effective. GOV.UK says changes after signing require a properly executed codicil or a new will. Formalities and unintended effects need checking.
Does a civil partnership raise the same issue?
Yes, entering a civil partnership has closely related statutory revocation rules. Ask for a document-specific check rather than assuming the wording of a marriage clause covers a civil partnership.
Next step
H.A. Law Advisory provides non-reserved will-preparation support for straightforward England and Wales matters. Use our Wills service page to request an assessment of your existing document and circumstances. We do not guarantee validity or an inheritance outcome; complex estates, disputes or reserved work should be referred to an appropriately authorised solicitor or other specialist.
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