Does marriage cancel an existing will?
Yes. Section 18 of the Wills Act 1837 says a will is revoked by the testator's marriage, and section 18B does the same for forming a civil partnership. It does not matter how recent the will is or whether you still agree with it. The rule applies equally to same-sex marriages (Marriage (Same Sex Couples) Act 2013, section 11). GOV.UK puts it simply: an existing will usually becomes invalid when you marry or form a civil partnership.
When does a will survive a marriage?
A will survives if it appears from the will that, when you made it, you were expecting to marry a particular person and intended the will not to be revoked by that marriage (section 18(3)). It then survives only a marriage to that person. A similar rule can save individual gifts (section 18(4)).
The safest wording names your intended spouse and says expressly that the will is to remain in force after the marriage. SwiftWill does not draft this clause: its screening questions stop the interview if you are about to marry, so that you can get advice.
Two other situations do not revoke a will. Converting a civil partnership into a marriage is excluded by section 18(5). A gift made using a power of appointment can also survive (section 18(2)), which is a specialist point for a solicitor.
What happens if you marry without making a new will?
If you die without a new will, the intestacy rules decide who inherits. Under section 46 of the Administration of Estates Act 1925:
| Family | Spouse or civil partner receives | Others receive |
|---|---|---|
| No children or other descendants | Everything | Nothing, including parents, brothers and sisters |
| Children or other descendants | Personal belongings, the first £322,000 and half of the rest | Children share the other half; children from an earlier relationship are included, stepchildren are not |
The £322,000 figure applies to deaths on or after 26 July 2023 (SI 2023/758). A spouse or civil partner must outlive the deceased by 28 days to inherit under these rules. Anyone you meant to benefit in your old will, such as children from an earlier relationship, a friend or a charity, may receive less or nothing.
Should you make a new will before or after the wedding?
Either, as long as there is no gap. You can make a will before the wedding that is expressly made in contemplation of marrying your partner, or make new wills straight after the ceremony. Couples often choose mirror wills at that point. See changing your will for how a new will replaces the old one.
Taking your spouse's surname does not need a deed poll, because the marriage certificate is the evidence. See name change and your will.
Is the marriage revocation rule going to change?
It may. The Law Commission's report of 16 May 2025 recommended abolishing the rule, noting that most people do not know about it and that it may be exploited through predatory marriage. The government has said it is considering the report, but no Bill has been introduced to Parliament, so section 18 still applies. Follow the Wills Bill tracker for changes.
Sources
- Wills Act 1837, section 18, 18A and 18B
- Marriage (Same Sex Couples) Act 2013, section 11
- GOV.UK: Marriages and civil partnerships, legal rights and responsibilities
- Administration of Estates Act 1925, section 46 and Fixed Net Sum Order 2023 (SI 2023/758)
- Law Commission: Modernising Wills Law, summary (16 May 2025)
Sources checked 24 September 2026.