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WILLS · MARRIAGE & REVOCATION

Does marriage revoke a will?

Yes. In England & Wales, marrying — or entering a civil partnership — automatically revokes any will you made before it, unless that will was written in contemplation of that specific marriage.

Most people have never heard this. If you married after you last signed a will, you may have no will at all.

Marriage, divorce, and your will — answered

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§1Why the law does this

A Victorian rule, still fully in force.

The rule is Victorian, deliberate, and still in force: marriage is treated as so fundamental a change that Parliament decided an old will should not survive it. The Wills Act 1837 presumes your old arrangements — made in a different life — shouldn't bind the new one. The law's answer is blunt: revoke everything, let the new spouse be protected by intestacy until a new will is made. Reasonable in 1837; in 2026 it silently cancels the wills of people who assume documents last.

The revocation is automatic and invisible — no letter arrives, nothing is stamped void.

§2The gap it opens

Between the wedding and a new will, you are intestate.

Between the wedding and a new will, you are intestate — the state's default rules decide, not your old will. For many newlyweds intestacy accidentally does something tolerable — the new spouse takes the statutory legacy and a share the mechanics are covered fully at what happens if you die without a will.

But it un-provides for children from a previous relationship, stepchildren (who take nothing on intestacy), unmarried partners of any earlier arrangement, and every charitable or personal gift in the old will.

The people most likely to be disinherited by a wedding are the ones the old will existed to protect.

§3The exception

Made "in contemplation" of the marriage.

A will survives your marriage only if it says, in effect: I am making this will expecting to marry this person. The expectation must appear from the will and relate to the particular marriage — a general "if I ever marry" hope isn't enough. This is standard drafting for engaged couples: if a wedding is planned, the will should be written in contemplation of it — otherwise you'll be signing twice.

§4Divorce does the opposite

Divorce edits your will. It doesn't cancel it.

Divorce does not revoke your will — it edits it, in one specific way. From the final order, the will operates as if your former spouse had died on that date — gifts to them fail, their appointment as executor fails, and the rest of the will stands.

Trap 1 — until the final order, a separated spouse still inherits under the will (and on intestacy). Separation alone changes nothing.

Trap 2 — after the order, the will's fallback provisions take over which may now name the wrong people entirely.

The pension nomination behaves differently again — divorce cannot be assumed to touch it either way → who gets your pension when you die.

§5The re-check triggers

Marriage has company.

Marriage is the only event that revokes a will outright — but it has company. Nobody re-reads their will after each of these. That's a monitoring job, not a memory job — it's what Will Watch is for: £8.99/yr, with 12 months included as part of every Valoren will.

Marriage / civil partnership

Revokes a prior will outright — unless it was made in contemplation of that specific marriage.

Divorce / dissolution

Doesn't revoke the will — edits it. Gifts to the ex-spouse and their executor role fail; the rest stands.

A birth

A will made before a child can simply not mention them at all.

A death among named people

An executor or beneficiary who died before you leaves the will's fallback provisions in charge.

Buying or changing how you own a home

Joint tenancy vs tenants in common changes who the property answers to — sometimes outside the will entirely.

Moving abroad / foreign assets

A different legal system may now have a claim on how those assets pass.

Figure watch · checked weekly

Life changes. So does your will's status.

Marriage, divorce, a birth, a house move — each one is a re-check trigger. Leave an email and we'll send one short note if the rules on this page change — only when something actually moves.

Email me when will revocation checks change. Only when a figure actually moves — never sales.

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FAQCommon questions

Frequently asked

Revoked, unless it was made in contemplation of that marriage (the will itself will normally say so).

If it doesn't, plan on making a new one now.
Yes — the same rule applies as for marriage.
No. Your former spouse is treated as having died at the date of the final order — their gifts and any executor appointment fail, but the rest of the will stands.
Yes, and intestacy would favour them too.

Separation alone changes nothing under the law — this is the most urgent case on this page.
Yes — every marriage revokes prior wills, however many times the rule has caught you before.
No — in Scotland, marriage does not revoke a will. This page covers England & Wales only.
Honest current ranges are at /how-much-does-a-will-cost; a Valoren will is £149 for a single will or £229 for a mirror will, including registration and Will Watch.

Married since you signed?

Make the new will now — £149.

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Related next steps
How much does a will cost?
The honest 2026 price table
Do I need a solicitor?
The honest trigger list
Die without a will?
The full intestacy rules
Who gets your pension
A different trap — same forgotten form

Informational, not legal advice, and covers England & Wales only — Scotland's rules on revocation by marriage differ materially.

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