When “I do” can undo your Will

At Bees & Co, we help our clients safeguard their wishes and protect their loved ones. But there’s one legal rule that surprises many people — when you get married (or remarried) in England or Wales, any existing Will you made can be automatically cancelled under current law.

That means: if you marry without updating (or making) a Will, you risk losing control over how your estate is distributed.

 

What the research shows

• In a recent survey of over 2,000 UK adults, 56% said they were unaware that marriage revokes a Will. [i]
• Without a valid Will, your estate may fall under the Rules of Intestacy — these rules may not match your preferences and can unintentionally disinherit people you care about. [ii]

 

Why does this happen?

This principle stems from the Wills Act 1837, which states that marriage will automatically revoke a previous Will (unless that Will was made in contemplation of that marriage). [iii]

In practice:

• If your Will names your future spouse (i.e. it includes the words “in contemplation of marriage”), it may survive the marriage.[iv]
• If the Will doesn’t reference the specific marriage, it is typically revoked once the marriage takes place. [v]

The consequences can be serious

Here are some of the risks when your Will is unintentionally revoked:

• Children from previous relationships might lose out if they are not protected in the new legal structure. [vi]
• Estates might be distributed in ways you never intended. [vii]
• Surviving spouse and children may receive shares under intestacy rules that differ from your wishes. [viii]

 

Are legal reforms on the horizon?

Yes — in May, the Law Commission published a draft Bill proposing changes to prevent existing Wills from being automatically revoked on marriage. [ix]

But until those reforms become law, the current rule still applies. That means anyone marrying or remarrying must act now to protect their estate. [x]

What should you do now?

Here are some practical steps to ensure your wishes are honoured:

1. Make (or update) your Will either
   • In contemplation of marriage (i.e. made with the marriage in mind, naming the intended spouse), or
   • After marriage, soon as possible.
2. Review your Will after big life events (marriage, birth of children, divorce, remarriage)
   • This helps catch unintended gaps or conflicts.
3. Seek specialist advice — complex families, children from prior relationships, or significant assets may require tailored planning.
4. Be cautious with mirror Wills — remarriage can still create unintended consequences even if you update your Will later.

 

Final thoughts

Marriage is a joyous and significant life event — but under the current legal framework, it carries a hidden risk: unintentionally invalidating your Will. At Bees & Co, we believe nobody should lose control over their wishes because of a technicality. If you’re planning to marry (or remarry), or haven’t reviewed your Will in a while, now is the time to act.

Get in touch with Bees & Co today — we’ll go through your options with you, at your pace, ensure your Will is valid, and give you peace of mind for whatever the future holds.

References:

[i] NationalWorld+2Today’s Wills and Probate+2

[ii] NationalWorld+1

[iii] NationalWorld+3MoneyNet+3Today’s Wills and Probate+3

[iv] . co-oplegalservices.co.uk+1

[v] co-oplegalservices.co.uk+2Today’s Wills and Probate+2

[vi] NationalWorld+2Today’s Wills and Probate+2

[vii] NationalWorld+1

[viii] co-oplegalservices.co.uk+2NationalWorld+2

[ix] MoneyNet+1

[x] Today’s Wills and Probate+2NationalWorld+2