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The Impact of Marriage on Existing Wills: What You Need to Know

  • Writer: Anna  Kmiec
    Anna Kmiec
  • Oct 28, 2024
  • 2 min read

Updated: May 15


Getting married or entering into a civil partnership is an exciting and meaningful step. But while you’re planning the big day and thinking about your future together, it’s easy to overlook something crucial: the impact of marriage on existing wills.


Many people don’t realise that, under UK law, marriage or civil partnership automatically revokes any existing Will — unless very specific wording is used. That means if you’ve made a Will in the past, it could become completely invalid the moment you say “I do”.


So, what does this mean for your estate, your loved ones, and your legacy?


Planning Ahead: Including a Marriage Clause in Your Will
If you're engaged, you can include a marriage clause in your Will to ensure it remains valid after you marry. This simple step prevents your Will from being revoked automatically and protects your future plans.

Why Marriage Revokes a Will


The law assumes that a major life event like marriage may change your intentions for how your estate should be distributed. That’s why, unless your Will explicitly states it was made in contemplation of marriage, it will no longer be legally valid once you're married.


This can have unintended consequences. For example, if your Will is revoked and you pass away without making a new one, you’ll be treated as having died intestate. The rules of intestacy will then decide who inherits your estate — and this may not reflect your true wishes.


Make a New Will After Marriage


To protect your loved ones and ensure your wishes are carried out, it's essential to make a new Will as soon as you marry or enter into a civil partnership. A professionally drafted Will allows you to:


  • Name your spouse or civil partner as a beneficiary (if desired)

  • Set out your full list of beneficiaries clearly

  • Appoint executors and guardians (especially important for blended families)

  • Structure your estate in a tax-efficient way


Planning Ahead: Including a Marriage Clause in Your Will


If you’re making or updating your Will before your wedding, there’s an option to future-proof it. You can include a “contemplation of marriage” clause, which states that the Will is being made in anticipation of marriage to your named fiancé(e). This ensures that the Will remains valid both before and after the marriage.


This is especially helpful if you're reviewing your Will during your engagement but won’t have time to make another one straight after the wedding.


Don’t Leave It to Chance - Impact of Marriage on a Will


The period just after marriage is often busy — and updating your Will might fall to the bottom of your list. But delaying could leave your estate vulnerable and your loved ones unprotected. Taking professional advice now means you can move into your new chapter of life with peace of mind.


Need Help Reviewing or Writing a Will After Marriage?


At Citywide Wills, we can help you navigate the impact of marriage on existing wills and ensure your estate is properly protected. Whether you’re newly engaged, recently married, or entering into a civil partnership, we’ll guide you through every step.


📞 Call us on 01926 897077 🌐 Visit citywidewills.co.uk to book your FREE initial consultation.

 
 
 

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