Does Marriage Cancel a Will in the UK?
Yes — in England and Wales, marriage automatically revokes any existing will. The moment you legally marry, your previous will becomes invalid under section 18 of the Wills Act 1837. Divorce, by contrast, does not revoke a will (though it does remove your ex-spouse as a beneficiary or executor). This is one of the most commonly misunderstood rules in English succession law, and failing to act on it can leave your estate in exactly the wrong hands.
Quick summary
- ✓Marriage: automatically revokes any existing will in England & Wales
- ✗Divorce: does NOT revoke a will — but it removes your ex-spouse as beneficiary and executor
- ✓Fix: write a new will after marriage, or use a “contemplation of marriage” clause before
Why does marriage revoke a will?
The rule dates to the Wills Act 1837. Parliament decided that marriage is such a fundamental change in a person's legal and personal circumstances that any will made before it should be treated as starting from scratch. The reasoning is that a will made when you were single (or in a previous relationship) may no longer reflect your wishes as a married person — especially regarding your new spouse.
The revocation is automatic and immediate. There is no form to complete, no notification to send, no court process. The moment the registrar records the marriage, both spouses' pre-marriage wills become void. Even if the will was made the week before the wedding, it is now invalid.
What happens if you die after marriage without a new will?
You are treated as having died intestate (without a will). The intestacy rules in England and Wales (Administration of Estates Act 1925) distribute your estate as follows:
| Your situation | Who inherits |
|---|---|
| Married, no children | Spouse inherits everything |
| Married, with children | Spouse gets first £322,000 + half of the rest. Children share the other half. |
| Married, children from previous relationship | Same split — which may not be what you intend for your children from the previous relationship |
Anything you left to friends, siblings, parents, or charities in your old will is irrelevant — that will is void. The intestacy rules control everything.
Does divorce cancel a will?
No. Unlike marriage, divorce does not revoke your will in England and Wales. Your will remains valid after a decree absolute. However, under section 18A of the Wills Act 1837:
- •Any gift to your former spouse in the will is treated as if they died on the date of the divorce — they receive nothing
- •Any appointment of your former spouse as executor also lapses
- •The rest of the will remains valid and takes effect as written
This can produce unexpected results. If your entire estate was left to your spouse with no substitute beneficiary, the estate may pass to your children under the will's residue provisions — or, if the will is silent, as if you died without a will. Always rewrite your will after a divorce rather than relying on the partial-removal rules.
Writing a will before your wedding: “in contemplation of marriage”
If you want to make your will before the ceremony, include a clause specifically stating it is made “in contemplation of my marriage to [full name]”. Under section 18(3) of the Wills Act 1837, a will made in contemplation of a specific upcoming marriage is not revoked by that marriage. The will must name the specific person — a general statement about “a future marriage” is not sufficient.
This is useful for engaged couples who want their estate planning completed before the wedding. WillSafe UK's will templates include space for a contemplation of marriage clause with guidance notes on when and how to use it.
When to update your will
Review and rewrite your will after any major life event:
- ✓Marriage — write a new will immediately after the wedding (or use contemplation of marriage clause before)
- ✓Divorce — rewrite the will even though it technically survives; you will want new executor and beneficiary arrangements
- ✓Birth of a child — update guardianship provisions and beneficiary shares
- ✓Significant change in assets — property purchase, inheritance, business sale
- ✓Death of a named beneficiary or executor — update the will to name a substitute
Recently married? Write your new will today.
WillSafe UK's will kits are drafted in accordance with the Wills Act 1837, include a contemplation of marriage clause option, and come with step-by-step signing instructions. Download instantly and complete in an afternoon.
Frequently asked questions
Does marriage automatically revoke a will in England and Wales?+
Yes. Under section 18 of the Wills Act 1837, marriage automatically revokes any existing will made by either party. The moment the marriage certificate is signed, both spouses' previous wills become legally invalid. This applies in England and Wales. Scotland has different rules under the Succession (Scotland) Act 1964.
What happens if I die after getting married without writing a new will?+
If you die after marriage without making a new will, you are treated as having died intestate (without a will). Under the intestacy rules in England and Wales, your spouse inherits the first £322,000 of your estate plus half of anything above that, with the other half going to your children. If you have no children, your spouse inherits everything. This may not match your wishes — and it leaves no provision for anyone outside the intestacy hierarchy.
Does divorce cancel a will in England and Wales?+
No. Divorce does not revoke a will in England and Wales. However, under s18A Wills Act 1837, after a decree absolute (final divorce order), any gift to your former spouse in your will is treated as if they had died on the date of the divorce — so they receive nothing. Any appointment of your former spouse as executor also lapses. The rest of the will remains valid. This can produce unexpected results if your entire estate was left to your spouse — it effectively passes under the residue provisions or, if none, as if you had died without a will.
What is a will 'in contemplation of marriage'?+
You can make a will that survives a specific upcoming marriage by including a clause stating it is made 'in contemplation of my marriage to [name]'. Under s18(3) Wills Act 1837, such a will is not revoked by the marriage named in it. The will must name the specific person you intend to marry — a general statement about a future marriage is not enough. This is useful if you want to get your affairs in order before the wedding without needing to rewrite everything afterwards.
Should I write a new will before or after my wedding?+
After is safer, but ideally you should write or update your will in the weeks following your wedding, once your legal status has changed. If you want to act before the ceremony, use the 'in contemplation of marriage' clause. The most important thing is not to leave it years — your new marital status fundamentally changes who inherits from you under the intestacy rules, and both spouses' old wills are void from the moment the vows are taken.
Related guides
- Codicil vs New Will: Which Should You Use?
- How to Update a Will UK
- Mirror Wills Explained — Couples Will Kit
- What Happens If You Die Without a Will UK
Self-help information only. WillSafe UK is a trading name of WSC Group Ltd. We are not solicitors and we do not provide legal advice. This article covers the law in England & Wales only. Scotland and Northern Ireland have different rules. For complex estates or blended family situations, please speak to a qualified solicitor. See our full disclaimer.