---
title: "Does marriage revoke a will?"
description: "Yes in England and Wales, unless the will was made in contemplation of that marriage. Make a new will after you marry."
url: "https://swiftwill.co.uk/does-marriage-revoke-a-will/"
author: "Marcus Kaiser"
date_modified: "2026-08-12"
---

# Does marriage revoke a will?

Yes. In England and Wales, getting married or forming a civil partnership automatically revokes any will you made before — unless that will was specifically made in contemplation of the marriage. If you marry without making a new will, you die intestate, and the intestacy rules decide who inherits.

> SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information.

## Does marriage cancel an existing will?

Under section 18 of the Wills Act 1837, a will is automatically revoked when the person who
 made it marries or forms a civil partnership. It does not matter how recent the will is,
 how much thought went into it, or whether you still agree with every word — once the
 ceremony is complete, the document ceases to have effect.

The logic is historical: marriage changes your family situation so profoundly that the law
 assumes you would want to start again. The assumption is usually right — the danger is that
 many people never get around to the starting again.

## Can a will survive a wedding?

A will can survive a wedding if it was expressly made in contemplation of that marriage.
 The will must say so — naming the person you intend to marry and stating that it is to
 remain in force after the ceremony. A vague sense that you might marry one day is not
 enough. This is a useful device for engaged couples who want their affairs settled before
 the big day, but the wording has to be exactly right.

## What happens if you marry without making a new will?

Your estate is distributed under the intestacy rules instead of your wishes. Your new
 spouse or civil partner is first in line: if you have no children, they inherit everything.
 If you do have children, your spouse receives your personal belongings, the first £322,000
 of the estate, and half of what remains — your children share the other half equally.

That outcome surprises many families. Children from a previous relationship can receive far
 less than you intended, and anything you meant for parents, siblings, friends or charities
 simply disappears.

## Should you make a new will after you marry?

The cleanest approach for most couples is to make new wills shortly after the wedding —
 often as [mirror wills](/mirror-wills/), the near-identical reciprocal wills
 most married couples choose. If you already have a will and your plans otherwise stand, our
 guide to [changing your will](/changing-your-will/) explains how revocation and
 replacement work. Either way, do not leave the gap: you can
 [make your will in about 15 minutes](/start/) with SwiftWill, and update it free
 for life as your family grows.

Taking a spouse's surname does not need a deed poll — the marriage certificate is
 enough for most record-holders. The will still needs remaking because marriage revoked
 it. If you also change other parts of your name, see
 [name change and your will](/changing-your-name/).

## Frequently asked questions

### Does marriage revoke a will made years ago?

Yes. It makes no difference whether the will was written last year or twenty years ago — marrying or forming a civil partnership revokes it in full, unless it was made in contemplation of that specific marriage.

### Does the same rule apply to civil partnerships?

Yes. Forming a civil partnership revokes an existing will in exactly the same way as marriage, under the same provision of the Wills Act 1837.

### Does divorce revoke a will too?

No — divorce works differently. Your will stays valid, but your ex-spouse is treated as having died on the divorce date: gifts to them and their appointment as executor lapse, while the rest of the will stands.

### What counts as a will made in contemplation of marriage?

The will must expressly state that it is made in contemplation of your marriage to a named person, and that you intend it to remain in force after the ceremony. A general expectation of marrying someday is not enough.

### We're getting married soon — should we make wills before or after?

Either works, as long as there is no gap. Make wills in contemplation of the marriage beforehand, or make new wills straight after the ceremony — many couples do the latter as mirror wills.

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Markdown: https://swiftwill.co.uk/does-marriage-revoke-a-will.md
Last modified: 2026-08-12
Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)