Did you know that marriage cancels your Will?

Marriage cancels a Will

In England and Wales, when you marry or become civil partners, your existing Will is automatically cancelled unless it makes a specific reference to your intention to enter into a legal marriage or partnership.

If your Will contemplates your nuptials, it remains valid after your ceremony.

If you didn’t update your Will in anticipation of your wedding, or you haven’t made a Will, the law will decide who inherits from you after you die. If this happens, you have no say over how your home, money and personal possessions are distributed. The same legal rules apply to civil partners.

Dying without a Will is known as dying ‘intestate’. The word originates from the Latin testatus - meaning dying with a Will.

Why is a Will cancelled when you marry?

Under marriage laws in England and Wales, a Will is revoked (meaning cancelled) when a person enters a legally binding marriage contract. The rules also apply to same-sex and opposite-sex couples registering their civil partnership. In all cases, if you die without making a new Will after your special day, the law will decide who should inherit from you under inheritance laws called the intestacy rules.

The law dates back to the Administration of Estates Act 1925. Under these rules, if you are married and the value of everything you own is less than £270,000, your spouse or civil partner would receive everything. This is called the statutory legacy.

If you and your married or civil partner have children and your estate is over the statutory legacy, your spouse would receive £270,000 and your personal belongings. Anything remaining would be split equally between your spouse or civil partner and your children.

The intestacy rules recognise biological or adopted children, but not stepchildren or foster children. If you have a step or foster child, and want them to inherit from you, you must make a Will naming them as one of your heirs.

Can a Will be valid after marriage?

The only way a Will can remain valid when you formalise your relationship is if it has been made in contemplation of your marriage or civil partnership. Your Will must name your partner.

Including a clause to anticipate your ceremony means engaged couples avoid the cost and time of updating their Wills once they marry or become civil partners.

Alternatively, you could choose to make a new Will after your big day, although this could leave you without a valid Will.

Does divorce cancel a Will?

Divorce has an impact on the terms of your Will.

While divorce does not entirely revoke your Will, your former spouse will no longer be able to benefit from your Will or act as an Executor or Trustee.

Your former partner will be treated as if they died before you. You may decide that this is what you intend to happen, but it’s sensible to update your Will, so it sets out your wishes. You need to name new executors and trustees if your former partner was appointed.

How does remarriage affect a Will?

If you have divorced and are planning to remarry, your new marriage or civil partnership will cancel any existing Will you’ve made.

Remarriage can create another issue.

If you fail to make a valid Will (or you have not anticipated your marriage or civil partnership in your Will), your children from any previous relationships could be disinherited accidentally. Your new spouse becomes your automatic heir, and their Will (or the intestacy rules) would decide who inherits if you die first.

Should engaged couples wait until marriage or civil partnership to make a Will?

When you get engaged, it’s sensible to make a new Will. You can include a clause that explains you are making your Will in contemplation of your marriage or civil partnership. This means that it will remain valid after the big day.

Get in touch today if you’d like advice on any matter relating to Wills and Lasting Powers of Attorney.

Disclaimer: This article contains general information only and does not constitute legal advice. If you have a legally valid Will from another country, you should seek legal advice from a specialist about how marriage or civil partnership could impact your Will.