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How does marriage affect my Will?

Getting married is always an exciting time in anybody’s life as you take the next steps in life with the person you love.

However, it’s very important to know that if you have created a Will before getting married, it will become void.

Under the current marriage laws in England and Wales, your Will is instantly revoked because you’ve entered a legally binding marriage contract.

The lack of understanding of how marriage affects your Will was highlighted in a recent survey conducted by Will Aid, which found that 56 per cent of the 2,000 adults surveyed were unaware that your Will is voided when you get married.

You will need to assess all options and put a new Will in place if you want to ensure your wishes are met and your beneficiaries receive their inheritance.

How does my Will become void?

As noted above, when you get married, your Will is instantly revoked as you enter a marriage contract with your partner.

When you get married, if you die without making a new Will, the law will decide who inherits your estate under the Rules of Intestacy.

If you are married and have children, the Rules of Intestacy work like this:

If your estate is worth £322,000 or less, your spouse inherits everything.
If it is worth more than £322,000, your spouse inherits the first £322,000. Anything above that is split equally between your spouse and your children.

However, the Rules of Intestacy only apply to biological children, so if you have adopted or foster children, you must create a new Will to ensure they are beneficiaries of your estate.

Is there a way my Will stays valid after marriage?

There is a way to keep your Will valid after getting married, but there are requirements you need to fulfil to ensure it remains valid.

The only way your Will stays valid is if your Will has been made “in contemplation of marriage”. This means you need to state your intent to get married, confirm who your spouse is and clarify that you do not want your Will to be revoked once you get married.

It is wise to make this Will before you get married to your partner, so your Will remains valid and means both you and your partner can protect your own estates should the marriage not work out.

You cannot include in contemplation of marriage without all the above details. Specifying marriage without the necessary details will not prevent your Will from becoming void.

Does marrying more than once affect your Will?

The principle remains the same that marriage revokes your Will. However, remarrying may bring more complications because under the Rules of Intestacy, your new spouse would be the beneficiary of your estate.

This means children from a previous relationship would miss out on their inheritance if you did want to include them within your estate, which is why it is so important to have a Will in place before your marriage that includes the contemplation of marriage requirements.

It’s essential you protect your assets

Putting a Will in place ensures your wishes are carried out and your beneficiaries receive what you want them to.

Not updating your Will or including the contemplation of marriage requirements leaves your estate in the hands of the law rather than your beneficiaries.

Contact our expert team to ensure your Will is up to date.