What happens to My Will if I Marry?

After Valentine’s Day, many couples find themselves celebrating exciting milestones, such as receiving a marriage proposal or, for some, preparing for the wedding of their dreams in 2025. One of the most important questions that newly engaged or married couples often ask is, “What happens to my Will once I get married?” This question is crucial to understanding the legal implications of your marriage on your estate planning.

If you already have a Will in place before getting married (or entering into a civil partnership), it’s important to be aware that your existing Will is automatically revoked when you marry. This automatic revocation happens due to the assumption that your spouse or civil partner should inherit a portion of your estate should something happen to you. In other words, your marriage (or civil partnership) will override any prior wishes you had documented in your Will unless specific provisions are made.

The Legal Impact of Marriage on Your Will

The revocation of your Will upon marriage means that if you do not create a new Will after the wedding, you will be considered to have died intestate. Being intestate means that your estate will be distributed according to the intestacy rules, which can lead to an outcome that may not align with your preferences. This can be particularly problematic if you have specific wishes for your estate, such as providing for children from a previous marriage or distributing assets to family members other than your spouse.

So, what happens if you die intestate after marriage?

If You Have No Children: Under the intestacy rules, your entire estate will pass to your spouse or civil partner. This means that without a new Will, your new spouse will inherit everything, which may or may not reflect your intentions.

If You Have Children: The distribution changes slightly. In this case, your spouse or civil partner will inherit your personal possessions, the first £322,000 of your estate, and half of anything remaining. The other half of the estate will be shared equally between your children. This distribution may not be ideal if you have specific wishes for how your estate should be divided, particularly if your assets are more complex or you want to provide for someone other than your spouse or children.

Clearly, creating a new Will after marriage is essential if you want to ensure your estate is distributed according to your wishes and not according to the standard intestacy rules.

How to Protect Your Wishes Before and After Marriage

For those of you who are organised and looking ahead, it’s possible to put a Will in place before your marriage or civil partnership. If you create a Will with a provision that it should not be revoked by your upcoming marriage, it can remain valid even after your wedding. This type of Will is referred to as a “Will in contemplation of marriage.” In such a Will, you explicitly state that you want the document to remain valid after your marriage, preventing it from being automatically revoked.

A Will in contemplation of marriage allows you to ensure that your estate planning remains intact despite the upcoming change in your marital status. At Pinney Talfourd, we can help you navigate the legal requirements for drafting such Wills to ensure your wishes are respected, and your estate is distributed according to your preferences.

The Importance of Revisiting Your Estate Plan

As you plan your wedding, it is important not to overlook your estate planning needs. Getting married is a life-changing event, and the legal impact on your Will can be significant. A new marriage is the perfect opportunity to revisit your estate plan, review your beneficiaries, and update your Will accordingly. If you have children, significant assets, or specific distribution wishes, updating your Will helps ensure that your estate is divided as you intend.

Even if you do not have children, there may be other factors to consider, such as setting up trusts, assigning powers of attorney, or ensuring that your spouse is provided for in the event of your passing. Marriage brings with it not only emotional and financial changes but also legal responsibilities that should be addressed as part of your wedding planning process.

Conclusion

In summary, if you are getting married, it’s essential to revisit your Will. Your previous Will is automatically revoked upon marriage, and without a new Will, your estate may be distributed according to intestacy laws, which might not reflect your wishes. To ensure your estate is handled in the way you desire, consider creating a “Will in contemplation of marriage” before your wedding. This proactive approach will help safeguard your wishes and avoid the unintended consequences of automatic legal rules.

For expert advice and assistance in drafting or updating your Will, Pinney Talfourd is here to guide you through the process and make sure your estate planning is in order for your new chapter in life. Whether you’re looking to revise an existing Will or create one from scratch, our experienced team of solcitors can provide the support you need to protect your loved ones and your assets.