Marriage Invalidates a Will: A Costly Mistake Many People Don’t Realise

Many people assume that once they have made a Will, it remains valid for life unless they actively revoke it. Unfortunately, that is not always the case. One of the most common and often misunderstood rules in English law is that marriage automatically invalidates an existing Will (unless the Will was made in contemplation of that specific marriage).

This can lead to serious and unintended consequences for loved ones.

What Does “Marriage Invalidates a Will” Mean?

Under English law, when you marry, any Will you made before the marriage is automatically revoked. In legal terms, it is treated as though it no longer exists.

This rule applies regardless of:

• How recently the Will was made
• Whether your wishes have changed or stayed the same
• Whether you later try to “tweak” the Will informally

The only exception is where the Will clearly states that it was made in contemplation of a specific marriage to a named person.

A Real-World Example

Consider the following (very common) scenario:

Sarah made a Will in 2018, leaving her estate to her two children from a previous relationship. In 2022, she got married. After the wedding, she reviewed her paperwork and noticed that her Will still referred to her by her maiden name.

Wanting to keep things tidy, Sarah signed a codicil (a document to make minor amendments to an existing Will) to her Will simply updating her name to her married surname. She believed this was enough and carried on assuming her Will was valid.

Sadly, Sarah passed away unexpectedly in 2024.

The problem?
Her original Will had been automatically revoked when she married. The codicil did not revive it.

As a result, Sarah died intestate.  This is where the Government’s rules of who should get your assets on your death are used rather than your own wishes which you can express in a Will.

Why the Codicil Didn’t Work

A codicil can only amend a valid Will. Once a Will has been revoked by marriage, there is nothing legally in existence for a codicil to attach to.

In Sarah’s case:

• The marriage revoked the Will
• The codicil could not bring it back to life
• Her estate was distributed under the intestacy rules, not her wishes

This meant her estate passed largely to her spouse, rather than being shared with her children as she had intended.

The Consequences of Intestacy

Dying without a valid Will can result in:

• Assets passing to people you did not intend to benefit
• Children or step-children receiving less (or nothing)
• Delays, additional costs, and family disputes
• Loss of control over who administers your estate (your Executors)

All of this is avoidable with proper advice.

The Takeaway

If you are planning to marry, recently married, or have married since making your Will, it is essential to:

• Review your Will immediately
• Make a new Will, not just a codicil
• Ensure it reflects your current wishes and family circumstances

Marriage is a major life event and your Will should keep pace with it. If you’re thinking about updating your Will or drafting a new one, simply call our Head Office on 01473 229888 or click the button below to get started.