I’ve got married / entered into a civil partnership since I made my will, is it still valid?
Whilst your wedding day is often one of the happiest moments of your life, most would agree that planning it can be a major undertaking, and certainly not without its stresses. From choosing the venue, catering, dresses and suits, to finalising the guest list, flowers and music, the to do list can feel endless. Understandably, in the midst of all this excitement and organisation, very few people stop to consider how getting married, or forming a civil partnership, might affect their will. However, it’s an incredibly important point and not to be overlooked since most people do not realise that tying the knot can completely change the legal status of their existing will.
Automatic revocation of your will
At present (April 2026), getting married or entering into a civil partnership still automatically revokes an existing will in England and Wales. This revocation takes effect immediately at the point of the legal ceremony. This means a will made beforehand is treated as invalid, unless it was specifically drafted in contemplation of that marriage or civil partnership.
For anyone who has not reviewed their will in the lead up to their wedding, this rule can have a significant and unintended impact on who inherits their estate in the event of death.
Although reform is being considered, including proposals from the Law Commission to abolish the automatic revocation rule in the future, as things stand, most wills are still revoked the moment marriage or civil partnership occurs.
Contemplation of marriage / civil partnership clause
A will can remain valid after a marriage or civil partnership if it was expressly made “in contemplation of” that specific marriage or civil partnership. This means the will must clearly state:
- That the upcoming marriage or civil partnership is not intended to revoke the will, and
- The full name of the person you intend to marry or enter into a civil partnership with.
It is important to stress that, a general intention to marry at some point in the future is not enough. The law requires the contemplation to relate to a specific, identified partner. Otherwise, the will is still automatically revoked when the marriage or civil partnership takes place.
Whilst not necessary, it is also sensible to state that the will is not conditional on the marriage or civil partnership taking place.
What if your will is revoked?
If your will is revoked, and you pass away before making a new one, you will be treated as having died “intestate”. This is the legal terminology used for somebody who has died, without leaving a valid will.
In these situations, the law sets out exactly how the estate must be distributed, placing relatives in a strict order of priority, which may not match your intended wishes.
What steps can you take?
If you have recently married or entered into a civil partnership, it is important to review your will without delay and obtain legal advice on whether it remains valid. Even if your will has not been revoked, you may find that your wishes have naturally evolved following this significant life event.
If you are due to marry or enter into a civil partnership soon, you should seek legal advice before the ceremony to update or amend your will. This ensures that your intentions will be honoured after your marriage or civil partnership takes place, and avoids any unintended consequences caused by the automatic revocation rule.
You can find an Accredited Lifetime Lawyer near you using the ‘Find a Lawyer’ search tool: https://lifetimelawyers.org.uk/Public/Public/Radius-Search/Find-a-Lawyer.aspx
The proposed Wills Bill 2025
In May 2025, the Law Commission published a draft bill for a new Wills Act proposing several significant reforms to modernise will making law. Among the suggestions is the proposal to abolish the automatic revocation of wills on marriage or civil partnership, a rule that many now consider outdated and inconsistent with modern relationships and family structures.
Although these reforms have not yet been implemented, it is anticipated that changes may be introduced in the coming years.
Marriage or civil partnership are wonderful milestones, but they also bring important legal consequences that are often overlooked. Ensuring your will still reflects your circumstances and intentions is one of the most effective ways to protect your loved ones. Whether you have recently celebrated your wedding or have one on the horizon, taking the time to review your will, with proper legal advice, will give you peace of mind that your wishes will be met, both now and in the future.