Does marriage affect your will?

The effect of marriage on a will

A marriage in the UK makes any existing will automatically invalid, unless it specifically references an upcoming marriage and is set out with this relationship in mind.

What this means is that if your current will doesn’t make arrangements based upon your marriage, or if you do not make a new will after you marry, inheritance laws will come into effect after you pass away and the strict rules of intestacy will determine how your estate is distributed and who may inherit.

Why does marriage invalidate a will?

A legal marriage invalidates any pre-existing will as set out by marriage laws in England and Wales. This is because a marriage creates a permanent and lasting relationship between spouses in the eyes of the law and, if you were to pass away, it is assumed that your spouse would inherit a large part of your estate.

Without a legally valid will in place, the rules of intestacy will apply after you pass away. Under these rules, depending on the size of your estate, your new spouse will receive up to £250,000 with the rest being split between any children you have and a trust for your spouse.

If you do not have any children, then your spouse would receive up to £450,000 and your siblings would get the rest.

How to ensure your will remains valid after marriage

The only exception to this is if you wrote your will “in contemplation of marriage” and it contains explicit instructions that you intend the will to remain valid after the marriage. These instructions should also include details of the person you intend to marry.

If your will does not contain specific information about your future spouse, it will become invalid after your marriage.

You can, however, make a legal alteration to your will – known as a codicil – after the marriage to update the document to include details of your new partnership. Alterations cannot be made simply by editing your will yourself. Making a codicil must be done legally to be valid, so it is important that you seek legal advice on how to get this done.

Alternatively, you could choose to write a new will to include your new circumstances. Again, this is best done with a specialist will solicitor so you can make sure your wishes are detailed clearly without any vagaries or contradictions.

Would a divorce affect my will?

Unlike marriage, a divorce won’t invalidate your will, but it can still have significant ramifications for your estate.

Instead, your ex-spouse will be treated as though they pre-deceased you, meaning they will not inherit anything from your estate and can no longer act as an executor or trustee.

This can quite drastically alter the outcome of your will and often means that a significant portion of your estate will fall back into ‘residue’, meaning residuary beneficiaries will inherit anything previously earmarked for your spouse.

For this reason, it is strongly recommended that you revisit your will after a divorce to ensure that it reflects your wishes and new circumstances.

How would remarrying affect my will?

Remarrying will have the same effect on your will as your first marriage did – namely, it will invalidate any will currently in place.

It is extremely important in these circumstances to revisit your will, whether you choose to make a legal alteration via a codicil or rewrite your will entirely. Without a valid will in place, the rules of intestacy will mean your new spouse is the main beneficiary of your estate and could mean any children from your previous relationship lose their inheritance.

It is strongly recommended that you speak to a specialist will solicitor to ensure your will remains valid after a remarriage and your estate is distributed according to your wishes.

Protect your will after marriage

Marriage, divorce, or remarriage can have a huge impact on your will and what happens to your estate after you pass away, so it is crucial that you stay one step ahead and ensure your will remains valid in your new circumstances.

Our specialist will solicitors are on hand to help you do just that, providing tailored advice and legal guidance to help you protect your family’s future. Call us for a free initial consultation on freephone 0330 041 5869 or contact us online and we will call you.

All information was correct at the time of publication.