Getting Married? Check Your Will First

Between the venue, the guest list and the budget, a Will is rarely on the wedding checklist. It probably should be. Where you live in the UK decides what marriage does to a Will you already have.

England and Wales: marriage usually cancels your Will

In England and Wales, a Will is revoked by the person's marriage or civil partnership. GOV.UK says it plainly: getting married cancels any Will you made before.

This surprises people. A Will made years ago, even one you reviewed last year, can stop working on the wedding day. If you then die without a new Will, the rules of intestacy decide who inherits. Those rules are fixed by law, and they may not match what you want. Your spouse or civil partner is likely to inherit something, but others you meant to provide for, such as a partner's children from an earlier relationship, a godchild or a charity, may receive nothing.

There is one important exception. A Will that is expressed to be made in contemplation of a particular marriage or civil partnership is not revoked by it. The wording matters. A general note that you "may marry one day" is not enough. The Will needs to name the person and make clear it is made with that marriage in mind. If you are planning a wedding, this can let you put protection in place before the day.

Northern Ireland: the same general rule

Northern Ireland follows the same general approach. Under the Wills and Administration Proceedings (Northern Ireland) Order 1994, a Will is revoked by the person's marriage, subject to exceptions that include a Will made in contemplation of that marriage. Civil partnership is treated in the same way.

Scotland: marriage does not cancel your Will

Scotland is different. MyGov.scot states that getting married or entering a civil partnership does not cancel an existing Will. That does not mean there is nothing to do. A Will written before the marriage may name no one in your new family, and your spouse or civil partner has legal rights over your estate in Scotland that apply whatever the Will says. A review is still wise, but the Will does not disappear.

If you have moved between Scotland and the rest of the UK, or own property in more than one place, the position is worth checking. Do not assume the rule from one part of the UK applies to another.

Things marriage does not change in the same way

- **Divorce** has its own rules, which differ across the UK. This article does not cover them.

- **Having a child** does not automatically cancel a Will in any part of the UK, but it is a strong reason to review it. Guardians for young children can only be named in a Will.

- **Executors and Powers of Attorney** are separate. A Lasting Power of Attorney in England and Wales is not cancelled by marriage, but the person you chose may no longer be the right choice. Scotland and Northern Ireland have their own Power of Attorney systems.

A simple checklist before the wedding

- Find your current Will, and check where it is kept. If nobody can find it, the problem starts there.

- Decide who you want to provide for after the wedding, including anyone outside the marriage.

- If you are in England, Wales or Northern Ireland, ask whether you want a new Will made in contemplation of the marriage, or a new Will made straight after.

- Check pensions, life insurance and any account with a named beneficiary. These often pass outside the Will and need updating separately.

- Tell your executors about any change, and store the new Will somewhere safe and findable.

- Put a date in your diary to review it again after the first year.

Two examples

Sam made a Will in 2019 leaving everything to a sister. Sam marries in Cardiff in 2026 and does nothing else. The Will is cancelled by the marriage. If Sam dies without a new Will, intestacy rules apply, and the sister may receive nothing.

Priya lives in Edinburgh, made a Will in 2019 and marries in 2026. The Will stands. But it names a sibling as the main beneficiary, and her new husband has legal rights in her estate regardless. A review would let her decide how the Will should work alongside those rights.

These are simple illustrations, not predictions for any real family. Property, children from earlier relationships and overseas assets all change the picture.

Make it a small job, not a big one

A Will is usually a short piece of paperwork for a straightforward family. The risk is not that it is hard. The risk is that it is forgotten in the rush. Doing it before the wedding, rather than after, removes the gap.

If you already have a Will and want a quick view on whether it still does what you want, Your Wills Team has an AI Will Check that can help you spot issues to raise.

This article is general information, not legal advice for your situation.