If i get married, does my will become invalid?

Matthew Ridyard

12 December 2022

Why does marriage invalidate a Will? 

A marriage or civil partnership immediately invalidates a will. This is because marriage symbolises a seismic change in your relationship status. Although it may not appear that anything has changed, your legal situation is vastly different than it was when you were unmarried. As a result, the law presumes that your testamentary intentions must be reviewed.

What happens if I don't update my Will after getting married? 

Neither the bride nor the groom have a legal Will in place from the moment the vows are exchanged (unless Wills have been made in contemplation of the marriage). Obviously, most couples have no intention of going up the aisle into a solicitor's office - there's the wedding reception and honeymoon to look forward to first. 

However, this might cause major issues, especially if either party dies before a new Will can be prepared. Each party will pass away intestate. The intestacy rules will govern the division of their inheritance, which will include monetary gifts provided by parents and grandparents on the occasion of their wedding or partnership. When it is impossible to determine who died first in an accident, it is presumed that the oldest perished first. If they have no children, their fortune will transfer wholly to their spouse or civil partner, and subsequently to the relatives of that younger spouse or civil partner. This may make one side of the family dissatisfied.

As a result, anybody who is getting married should consult with a will writer just like the experts at Simpwill. Making a Will may not seem like an especially romantic thing to do before your wedding, but adequate preparation must be organised. 

Making a Will in Preparation for Marriage 

You may wonder why, if a Will is cancelled at marriage, you should make one before marriage. Actually, it is feasible to prevent revocation by drafting a Will in anticipation of marriage or civil partnership. 

A Will drafted in anticipation of a marriage lasts beyond the wedding completion. The marriage under consideration must be explicit, albeit a date does not have to be included in the Will. It is not conceivable to create a Will in anticipation of a marriage that may occur in the future to an unknown person; otherwise, every Will would include that clause. There must be a firm intention to marry or form a civil partnership with a specific individual. A well-drafted provision, on the other hand, will provide that the Will remains legal if the marriage or civil partnership does not take place for any reason.

Wills containing foreign assets 

In other countries, the legality of the will may be different. Those with assets in another jurisdiction should seek guidance in that country.

Second marriages 

This automatic revocation has implications for persons who marry following the death or divorce of a former spouse. 

Imagine, for example, that you create a will with your current spouse.  You both agree to leave everything to each other, followed by the children should you both pass away.  However, if you die before your husband or wife, and the surviving spouse then remarries, this would invalidate your previous Will, allowing assets from your present marriage to pass to a total stranger under intestacy rules.

This is especially difficult in second, third, and fourth marriages or civil unions. There may be children from past marriages whose inheritance may end up in the hands of a newly married step-parent. It is fairly unusual for step-parents to disregard their moral commitments in favour of their own natural born children in subsequent editions of their Wills. 

Appointing Simpwill’s expert will writers to prepare your Will allows for an in-depth discussion about what efforts, if any, may be done to safeguard the children of the present relationship.

Start your will today or contact one of our experts via our live chat - completely free and no obligation. 

Simpwill 

Will writing made simple