Will in Contemplation of Marriage: Preventing Automatic Revocation
Marriage automatically revokes a will — but not if the will is expressed to be made in contemplation of that specific marriage and names the intended spouse. The wording matters: a general clause without naming the person is not enough.
The Rule and the Exception
s18(1) — General rule
Marriage revokes any existing will — automatically, on the wedding day.
If you die after marrying without making a new will, your estate passes on intestacy. A will made before the marriage has no effect.
s18(3) — Contemplation exception
Will survives if it: names the intended spouse AND states it is not to be revoked by the marriage.
'In contemplation of marriage' alone (without naming) is NOT sufficient — the person must be specifically identified.
Frequently Asked Questions
Does marriage automatically revoke a will in England and Wales?
Yes — under s18(1) Wills Act 1837, marriage (and the formation of a civil partnership under s18B) automatically revokes any will previously made by either party. This applies regardless of whether the will was made a week or 30 years before the marriage. The rule can catch people out who make a will before an engagement and assume the will continues to operate. The revocation is immediate and complete on the date the marriage ceremony takes place — neither spouse needs to take any action. After the marriage, if either spouse dies without making a new will, their estate passes on intestacy (giving the surviving spouse significant rights, but not necessarily reflecting the testator's wishes towards other people such as children from a previous relationship).
What is the s18(3) contemplation of marriage exception?
Section 18(3) Wills Act 1837 (as substituted by the Administration of Justice Act 1982) provides that a will is not revoked by the subsequent marriage if it appears from the will that at the time of making it the testator was expecting to marry a particular person and that they intended the will not to be revoked by the marriage. To satisfy s18(3): (1) The will must name or clearly identify the specific person the testator intends to marry — a general clause such as 'in contemplation of marriage' without identifying the person is not sufficient; (2) The will must express the intention that it should survive the marriage — this is usually done by including the words 'in contemplation of my forthcoming marriage to [full name]' and 'I intend that this will shall not be revoked by my marriage'; (3) The marriage must actually take place — if the marriage does not proceed, the will remains valid but the exception is moot.
What wording is required in the will?
The will should include a clause stating something to the effect of: 'This will is made in contemplation of my marriage to [full name of intended spouse] and I declare that it shall not be revoked by my marriage to that person.' The name of the intended spouse must match the person actually married for the exception to apply. The wording does not need to follow a precise formula — what matters is that it is clear from the will that: (a) the testator had a specific person in mind; and (b) they intended the will to survive the marriage. A will that says only 'I am engaged to be married' without stating an intention to preserve the will is unlikely to satisfy s18(3). Solicitors routinely include a contemplation of marriage recital for clients who are engaged.
What if the will is made in contemplation of marriage but the marriage never happens?
If the testator makes a will in contemplation of marriage to a named person but the marriage never takes place (the engagement is broken off, the partner dies, or the marriage is called off), the will remains valid as a will — the s18(3) clause does not invalidate it. However, the testator is now in the same position as anyone with a current will: the will operates on their death, gifting whatever is stated (potentially including gifts to the named former partner, unless the will expressly provides for this). The testator should review and update their will if the intended marriage does not proceed. A will that is valid but leaves significant gifts to an ex-partner may not reflect the testator's wishes — a new will is the safest course.
Does the civil partnership formation also revoke a will, and does s18(3) apply?
Yes — s18B Wills Act 1837 (inserted by the Civil Partnership Act 2004) applies the same rule to civil partnerships: formation of a civil partnership revokes any existing will. The equivalent of s18(3) applies to civil partnerships: a will expressed to be made in contemplation of a civil partnership with a named person is not revoked by the subsequent formation of that civil partnership. The drafting requirement is the same — the will must name the intended civil partner and state the intention that it not be revoked. Since the Marriage (Same Sex Couples) Act 2013, same-sex couples can also marry, and the ordinary s18(1) marriage revocation rule and s18(3) exception both apply to same-sex marriages in the same way as opposite-sex marriages.
Getting Married Soon? Update Your Will
If you are engaged, the safest approach is to make a new will after the wedding — or include a contemplation of marriage clause before it. The WillSafe kit from £19.97 for England and Wales.