Research has shown that more than half of adults are unaware that getting married can automatically revoke an existing Will. A recent survey found that 56% of adults were surprised to learn that marriage invalidates a Will, a lack of awareness that can have serious consequences for families.
Many people assume that a Will remains valid unless they actively change it. However, under current law in England and Wales, marriage or civil partnership usually revokes any Will made beforehand, unless the Will was drafted in contemplation of that marriage.
Why does marriage revoke a will?
The rule exists to reflect the assumption that marriage represents a major change in personal circumstances. The law presumes that someone would want to review their estate planning after getting married, particularly where responsibilities, finances and beneficiaries may change.
The difficulty is that modern family life does not always follow this traditional model. Cohabitation is now common, blended families are increasingly the norm, and many couples already have carefully considered Wills in place before marriage. In these situations, the automatic revocation of a Will can come as a shock.
The risk of an invalid will
If a Will is revoked by marriage and no new Will is made, the estate will be dealt with under the rules of intestacy. These rules may not reflect your wishes and can lead to unintended outcomes, such as:
- Loved ones not inheriting as expected
- Children from previous relationships being excluded
- Delays in administering the estate
- Increased stress and uncertainty for families at an already difficult time
Invalid or outdated Wills are one of the most common causes of disputes and confusion following a death, particularly where family arrangements are complex.
Law Commission review of the Wills Act
The Law Commission is currently reviewing the law relating to Wills, including whether the rule that marriage automatically revokes a Will should be reformed. Many legal professionals have recommended change, recognising that social attitudes and family structures have evolved significantly.
While reform may be on the horizon, the current law remains in force. Until any changes are made, individuals need to take proactive steps to ensure their estate planning reflects their intentions.
What should you do if you’re getting married?
If you are planning to marry, recently married, or have entered into a civil partnership, it is important to review your Will as soon as possible. In some cases, a Will can be drafted specifically in contemplation of marriage, allowing it to remain valid after the ceremony.
Taking advice early can help ensure your assets are protected, your wishes are clear, and your loved ones are provided for in the way you intend.
Speak to a Solicitor for clear advice
Estate planning is personal, and no two situations are the same. A solicitor can help you understand how the law applies to your circumstances and ensure your Will remains valid and effective.
If you have any questions about your Will, or if you are recently married and need to prepare a new Will, please contact our experienced Wills and Probate team. We will be happy to guide you through your options and provide clear, practical advice.
