Does Marriage Revoke a Will?

Does getting married cancel an existing will?

In most cases, yes. Under the law of England and Wales, a will is revoked by the testator's marriage, which means the old will is treated as cancelled from the date of the wedding (legislation.gov.uk, Wills Act 1837 s.18, as at July 2026, subject to change). There are narrow exceptions, but the default is that marriage wipes out what came before, so a fresh will is often needed.

Why does marriage revoke a will?

The rule is long-standing and sits in statute. Section 18 of the Wills Act 1837 provides that a will is revoked by the testator's marriage, subject to limited exceptions (legislation.gov.uk, as at July 2026, subject to change). The thinking behind it is that marriage is a major change in someone's life and family that an older will may not reflect, so the law resets the position unless the will itself shows the marriage was already in mind.

Life event	Effect on an existing will (England & Wales)
Marriage	Generally revokes the whole will, unless made in contemplation of that marriage
Forming a civil partnership	Generally revokes the whole will, unless made in contemplation of that partnership
Divorce or dissolution	Does not revoke the will; the former spouse or partner is treated as having died on the date it ended

Life event

Effect on an existing will (England & Wales)

Marriage

Generally revokes the whole will, unless made in contemplation of that marriage

Forming a civil partnership

Generally revokes the whole will, unless made in contemplation of that partnership

Divorce or dissolution

Does not revoke the will; the former spouse or partner is treated as having died on the date it ended

Source: legislation.gov.uk, Wills Act 1837 s.18 and s.18A, as at July 2026, subject to change. This reflects the law of England and Wales; other UK nations may differ.

Wills made in contemplation of marriage

A will is not revoked by marriage where it appears from the will that, when it was made, the testator was expecting to marry a particular person and intended that the will should not be revoked by that marriage (legislation.gov.uk, Wills Act 1837 s.18(3), as at July 2026, subject to change). The exception is specific: it points to a named intended spouse, not marriage in general, so a vague reference to a future partner may not be enough.

Because the wording has to show that intention clearly, many people who are engaged choose to have a will drafted expressly in contemplation of their marriage, so it survives the wedding. Getting the clause right is one area where it can be worth taking advice, as a poorly worded reference may not achieve what was intended.

See our guide on How to Write a Will for what a valid will needs to include.

Do civil partnerships work the same way?

Broadly, yes. Forming a civil partnership generally revokes an existing will in England and Wales in the same way marriage does, and the same contemplation exception applies where the will shows it was made in expectation of forming a partnership with a particular person (legislation.gov.uk, Wills Act 1837 s.18B, as at July 2026, subject to change). So a couple registering a civil partnership faces the same need to review an older will.

What about divorce or dissolution?

Divorce is treated differently. A decree of divorce, or dissolution of a civil partnership, does not revoke the whole will. Instead, any gift to the former spouse or partner, and any appointment of them as executor, takes effect as if they had died on the date the marriage or partnership legally ended, unless the will shows a contrary intention (legislation.gov.uk, Wills Act 1837 s.18A, as at July 2026, subject to change). The rest of the will stands, so the estate may not pass as originally planned. Reviewing a will after a separation is one step many people take, and our note on changing a will explains the options.

A worked example (illustration only). Priya made a will in 2019 leaving everything to her sister. In 2026 she marries Tom. Because her 2019 will was not made in contemplation of marrying Tom, her marriage generally revokes it (legislation.gov.uk, s.18, as at July 2026, subject to change). If Priya dies before making a new will, her estate would be shared under the intestacy rules rather than passing to her sister as she had wanted, and Tom would likely take a large share (gov.uk, as at July 2026, subject to change). Change the facts, for example a will drafted in contemplation of the marriage, and the outcome differs, so this is general information rather than a ruling on any real case.

What happens if marriage leaves you without a valid will?

If a marriage revokes your old will and you do not make a new one, you are treated as dying intestate, and the intestacy rules decide who inherits. Under those rules a surviving spouse or civil partner takes a defined share, and where there are children the estate is divided between the spouse and the children according to a set formula (gov.uk, as at July 2026, subject to change). That can leave stepchildren, unmarried partners and others with nothing, which is often not what people expect, so making a fresh will after marrying is a common step.

Does marriage revoke a will in Scotland and Northern Ireland?

The answer depends on where you are. In England and Wales, and broadly in Northern Ireland, marriage generally revokes an existing will unless it was made in contemplation of that marriage (legislation.gov.uk, Wills Act 1837 s.18, as at July 2026, subject to change). Scotland has its own separate law of succession, and marriage does not automatically revoke a will there in the same way, though other rules such as legal rights can affect what a spouse or child receives. Because the nations differ, it can be worth taking advice in the relevant jurisdiction. For the wider picture, see our estate planning guide.

Frequently asked questions

Does marriage automatically revoke a will in England and Wales?

Generally, yes. Under the Wills Act 1837, a will is revoked by the testator's marriage, so the earlier will is usually treated as cancelled from the wedding date (legislation.gov.uk, s.18, as at July 2026, subject to change). The main exception is a will made in contemplation of that particular marriage. Many people make a new will after marrying to be sure their wishes stand.

What is a will made in contemplation of marriage?

It is a will that shows, from its wording, that the testator expected to marry a particular named person and intended the will to survive that marriage (legislation.gov.uk, s.18(3), as at July 2026, subject to change). Where that intention is clear, the marriage does not revoke the will. A vague reference to a future partner may not be enough, so the clause often needs careful drafting.

Does divorce cancel my will?

No, not the whole will. On divorce or dissolution, gifts to the former spouse or civil partner, and their appointment as executor, take effect as if they had died on the date it ended, while the rest of the will stands (legislation.gov.uk, s.18A, as at July 2026, subject to change). Because the estate may then pass differently than planned, reviewing the will is a common step.

Does getting married again revoke a will?

Usually, yes. A later marriage revokes an existing will in the same way as a first marriage, unless the will was made in contemplation of that particular marriage (legislation.gov.uk, s.18, as at July 2026, subject to change). So someone remarrying often needs to make a new will, or risk their estate passing under the intestacy rules instead of their earlier wishes.

What happens to my estate if marriage revoked my will?

If your old will is revoked and you make no new one, you are treated as dying intestate, and the intestacy rules decide who inherits. A surviving spouse or civil partner takes a set share, with children sharing the rest under a formula where they exist (gov.uk, as at July 2026, subject to change). Others, such as stepchildren or unmarried partners, may receive nothing.

Does marriage affect inheritance tax on my estate?

It can. Transfers between spouses and civil partners are generally exempt from inheritance tax, and any unused nil-rate band can pass to the survivor, on top of the standard £325,000 band per person (gov.uk, as at July 2026, subject to change). Marriage changes both who may inherit and the tax position, which is one reason many couples review their wills after marrying.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions such as Scotland and Northern Ireland may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.