Getting married or remarried is an exciting milestone, but it’s also one of the most important times to review your estate plan.
Many people don’t realise that marriage can have a significant impact on an existing will. If you fail to update your will after getting married or remarried, your estate may not be distributed as you intended.
Whether you’re entering your first marriage or starting a new chapter later in life, understanding how marriage affects your will can help protect your loved ones and ensure your wishes are respected.
Does Marriage Affect Your Will?
Yes.
🛡️ Worried About Losing Your Home to Care Fees?
Many UK homeowners don’t realise their property can be used to pay for care fees. Get free advice before a crisis hits and protect what you’ve worked your whole life for.
Request Your Free Estate Planning ReviewIn England and Wales, getting married or entering a civil partnership generally revokes any existing will unless that will was specifically made in contemplation of the marriage.
This means that, in many cases, your previous will becomes invalid once you marry.
If you die without making a new will, your estate may be distributed according to the rules of intestacy rather than your personal wishes.
What Does "In Contemplation of Marriage" Mean?
A will can remain valid after marriage if it was specifically drafted in contemplation of a particular marriage.
This means the will clearly states that it is being made in anticipation of marrying a named individual.
Without this wording, marriage will usually cancel the existing will.
Professional advice can help ensure your will is drafted correctly if you’re planning to marry.
Why Updating Your Will After Marriage Is So Important
Marriage often brings significant changes to your finances and family circumstances.
Updating your will allows you to:
- Ensure your spouse is provided for
- Protect children from previous relationships
- Update your executors
- Reflect new assets or jointly owned property
- Leave gifts to family members or charities
- Ensure your wishes remain clear
Your will should reflect your current life, not your circumstances before marriage.
Remarriage Can Be Even More Complicated
Remarriage often involves blended families, stepchildren, previous marriages, and existing financial commitments.
Without careful estate planning, unintended consequences can occur.
For example:
- Children from a previous relationship may inherit less than intended.
- Your new spouse could inherit everything, leaving nothing for your children.
- Family disputes may arise over property or sentimental possessions.
A professionally prepared will can help balance the needs of everyone involved.
Protecting Children From Previous Relationships
If you have children from an earlier relationship, updating your will is particularly important.
You may wish to:
- Leave specific gifts to your children
- Protect family property
- Ensure your spouse can continue living in the family home while preserving your children’s inheritance
- Consider using trusts where appropriate
Careful planning can help support both your spouse and your children.
What About Stepchildren?
Stepchildren do not automatically inherit from your estate unless you specifically include them in your will.
If you wish stepchildren to receive part of your estate, you should clearly state this in your will.
Without a valid will, they may receive nothing under the intestacy rules.
Marriage and Inheritance Tax
Marriage can provide certain Inheritance Tax advantages.
For example, assets left to a spouse or civil partner are often exempt from Inheritance Tax, and unused tax allowances may be transferable to the surviving spouse.
However, tax planning should be considered as part of your wider estate planning strategy, particularly if you have children from previous relationships or significant assets.
Other Documents You Should Review
Marriage or remarriage is also a good time to review other important documents, including:
- Lasting Powers of Attorney
- Pension beneficiary nominations
- Life insurance policies
- Property ownership arrangements
- Trust documents
- Funeral wishes
Keeping all your estate planning documents up to date helps ensure they work together effectively.
Common Mistakes to Avoid
Many people mistakenly assume that getting married automatically updates their estate planning.
Common mistakes include:
- Forgetting that marriage can revoke an existing will
- Failing to provide for children from a previous relationship
- Not updating executors
- Leaving outdated beneficiaries on pensions or insurance policies
- Delaying making a new will after remarriage
Taking action early can help avoid unnecessary complications later.
How Later Living Help Line Can Help
At Later Living Help Line, we understand that every family is different.
Whether you’re getting married for the first time or entering a second marriage later in life, we can help you understand the importance of reviewing your estate plan and ensuring your wishes are properly documented.
Planning ahead today can provide peace of mind for you and your loved ones.
