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, 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 explains how revocation and replacement work. Either way, do not leave the gap: you can make your will in about 15 minutes 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.