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Does marriage revoke a will?

Quick answer

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.

The rule: marriage cancels your 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.

The one exception: a will made in contemplation of marriage

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.

The simple fix: make a new will

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.

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Written by Eleanor Vance, Will-writing professional at SwiftWill. Checked by SwiftWill's legal content review against primary sources (gov.uk and legislation.gov.uk). Last reviewed July 2026.