Revocation of Will by Marriage UK (2026): How Marriage Voids Your Will and How to Protect It
Updated 13 May 2026 · 7 min read · England & Wales
Marriage is one of the most common ways a will is accidentally destroyed. Under English law, marriage (or civil partnership formation) automatically revokes any existing will — leaving the deceased intestate unless a new will is made. This rule catches thousands of people every year, particularly on remarriage.
The rule: s18 Wills Act 1837
Section 18 of the Wills Act 1837 provides that a will is revoked by the testator’s subsequent marriage. The revocation is:
- Automatic — it happens by operation of law, not by intent
- Total — the entire will is void, not just the gifts to the new spouse
- Immediate — effective from the date of the marriage
The Civil Partnership Act 2004 extended this rule to civil partnership formation. A will made before a civil partnership is equally revoked when the civil partnership is registered.
Who is most at risk?
The revocation rule most commonly causes problems for:
- People remarrying who have an existing will that benefits children from a first marriage — the new marriage voids the will, and under intestacy the new spouse takes priority
- People who marry quickly (especially later in life) and die before making a new will
- People who do not know the rule — they believe their will remains valid after marriage
- People with unmarried cohabiting partners who then marry — they may not realise the cohabiting partner was only protected by the will, which the marriage has now revoked
The “in expectation of marriage” exception
A will is not revoked by marriage if it contains an express statement that it is made in contemplation of the specific forthcoming marriage. Both elements must be present:
- The will must expressly state it is made “in contemplation of” or “in expectation of” the marriage
- The will must name the specific person the testator intends to marry
- The marriage must actually take place with that named person
Example wording: “This will is made in contemplation of my marriage to [full name of intended spouse].”
This exception must be deliberate and explicit. A standard will template will not include this clause automatically — it requires professional drafting before the marriage takes place.
Effect of revocation: what happens next?
| Scenario | Result |
|---|---|
| Will made, then married, no new will | Old will void — estate passes under intestacy rules |
| Will made “in expectation of marriage” to named person | Will survives if that specific marriage takes place |
| New will made after marriage | New will valid — not affected by the marriage |
| Married, divorced, old will not revived | Revoked will cannot be restored; new will required |
| Civil partnership formed, no new will | Old will void — same rule as marriage |
| Cohabitation only (no marriage or CP) | Existing will survives — but partner has no intestacy rights |
Divorce and separation
Divorce (decree absolute / final order) does not revoke a will — but it treats gifts to the former spouse and any appointment of the former spouse as executor as lapsed. If you leave everything to a spouse, divorce, and do not update your will, the gift fails and the residue may pass on intestacy.
Separation alone has no effect on a will. A separated spouse remains a full beneficiary under any existing will and under the intestacy rules until the divorce is finalised.
How to protect your estate
The safest approach is always to make a new will immediately after marriage — or ideally immediately before marriage using an “in expectation of marriage” clause if there is reason not to wait. For remarriages in particular:
- Review the impact of intestacy on children from a previous relationship
- Consider whether life interest trusts, specific legacies for children, or other structures are needed
- Do not assume a codicil to a revoked will revives it — it does not
- Act promptly: the risk period is the gap between marriage and making a new will
Frequently asked questions
Does marriage automatically revoke a will in England and Wales?
Yes — under s18 of the Wills Act 1837, marriage (and the formation of a civil partnership, under the Civil Partnership Act 2004) automatically revokes any existing will made before the marriage. The revocation is immediate and total: every provision of the old will is void, including gifts to children from a previous relationship, executor appointments, and trusts. This applies even if the testator did not intend the will to be revoked and did not know of the legal rule. The only exception is a will (or a specific gift within a will) expressly made 'in expectation of' the particular marriage — the will must state on its face that it is made in contemplation of marriage to a specific named person.
What is the 'in expectation of marriage' exception?
A will is not revoked by marriage if it was expressed to be made 'in contemplation of' (or 'in expectation of') a marriage to a specific person — and the marriage actually takes place with that person. Both conditions must be met: (1) the will must explicitly state it is made in contemplation of the specific forthcoming marriage; (2) the marriage referred to in the will must be the marriage that actually occurs. Example: 'This will is made in contemplation of my marriage to [full name].' If the marriage subsequently takes place with that named person, the will is not revoked. A will that says 'I make this will in expectation of my forthcoming marriage' without naming the person is insufficient — it must name the specific intended spouse. This exception requires deliberate professional drafting; standard off-the-shelf will templates rarely include it.
What happens if someone dies after marriage without making a new will?
If the old will has been revoked by marriage and no new will is made, the person dies intestate — without a valid will. The estate then passes under the intestacy rules (Administration of Estates Act 1925). Under intestacy, the surviving spouse receives: all personal chattels; the first £322,000 (the statutory legacy, reviewed periodically); half of the remainder if there are children (children share the other half equally). This is often not what the deceased intended — particularly where they had children from a previous relationship, or where they had made specific gifts to friends or charities in the revoked will. If the person remarries quickly and dies, children from a previous relationship are significantly worse off under intestacy than under a will.
Does divorce or separation also affect a will?
Divorce (decree absolute) does not revoke a will in England and Wales — but it does make gifts to a former spouse and any appointment of the former spouse as executor take effect as if the former spouse had died on the date of the divorce. In practical terms: if you leave everything to a spouse and then divorce but do not update your will, the gift to the ex-spouse fails and the residue passes as if there had been a partial intestacy. Separation alone (without divorce) has no automatic legal effect on a will — a separated (but not divorced) spouse remains entitled to inherit under a will and under intestacy. It is critical to update a will immediately after divorce and to review it on separation.
Does the rule apply to civil partnerships and cohabitation?
The revocation rule applies to civil partnerships as well as marriage — the Civil Partnership Act 2004 extended s18 Wills Act 1837 to cover civil partnership formation. Cohabitation (living together without marriage or civil partnership) does not revoke a will. However, cohabitation is one of the most dangerous situations for estate planning: a cohabiting partner has no automatic right to inherit under the intestacy rules, regardless of how long the couple lived together. If a person making a will subsequently cohabits but does not marry, their existing will remains valid — but if they had intended to benefit their partner and the will pre-dates the relationship, it may not do so adequately. Cohabiting partners who do not have a will leaving assets to each other risk the estate going entirely to relatives.
How do you protect a will if you are planning to marry?
There are two approaches: (1) Make a new will after the marriage — the simplest and most reliable approach. A new will made after marriage is valid and is not affected by the marriage at all. (2) Make a will before the marriage that includes the 'in expectation of marriage' clause naming the specific person — this will survives the marriage. Both approaches require professional drafting. For remarriages where children from a previous relationship are involved, it is especially important to consider a new will carefully — the intestacy rules on remarriage can significantly disadvantage children from earlier relationships. If you die in the period between marriage and making a new will, your estate passes under intestacy, which may benefit your new spouse far more than you intended.
Can a will revoked by marriage be revived?
A will that has been revoked by marriage cannot be automatically revived by the death of the spouse or subsequent divorce. Once revoked, the old will is permanently void. The only way to restore the same testamentary provisions is to make a new will (or a codicil to a later valid will) that reproduces them. A codicil that refers to and confirms a revoked will does not revive it — the codicil would itself need to contain the substantive provisions. This is a common misconception: people sometimes believe that a codicil 'brings back' a revoked will. It does not — and a codicil on its own, without a valid will to attach to, has no effect.
Make a new will after marriage — today
If you have recently married or are planning to, your existing will may already be void. WillSafe’s will kit makes it straightforward to create a new, valid will that reflects your wishes after marriage.
Get the Will Kit →Related guides
- Revoking a will — all the ways a will can be revoked
- Intestacy rules UK 2026 — who inherits without a will
- Intestacy and cohabiting partners
- Mutual wills — when two wills bind each other
- Codicil — updating your will without rewriting it