Getting married or forming a civil partnership is a good moment to think about your Will. In England and Wales, marriage has a direct legal effect on any Will you already have. It also changes who would inherit if you died without one.
This article sets out what changes when you marry and why it can be worth making a Will before the wedding. It also covers other steps couples often take when getting married.
Marriage revokes an existing Will
Getting married or entering a civil partnership automatically revokes any Will you made beforehand. In other words, your old Will stops working from the day of the ceremony. The exception is a Will you made in contemplation of marriage or civil partnership to a named person.
Many people do not realise this. For example, someone may have made a Will years ago leaving everything to their children or a former partner. After their wedding, they may find they have no valid Will at all.
Getting married? Why make a Will before the wedding
If you make your Will before the wedding, it can state that you are making it in contemplation of your marriage or civil partnership to a named person. It can also say that marrying them will not revoke it. That Will then carries on working after the ceremony.
This avoids a gap. If you wait until after the wedding to make a new Will, there will be a gap. During that time, your estate would pass under the intestacy rules if anything happened to you. With weddings, honeymoons and moving home, that gap can be longer than people intend.
A Will made in contemplation of marriage only protects the marriage to the person named. So if the wedding does not go ahead, it is sensible to review the Will.
What happens if you die without a Will
Suppose you are married or in a civil partnership and die without a valid Will. In that case, the intestacy rules decide who inherits.
- If you have no children or other descendants, your spouse or civil partner usually inherits everything.
- If you have children, your spouse or civil partner receives your personal belongings and the first £322,000 of the estate. They also receive half of the rest outright. Your children share the other half.
Property you own as joint tenants passes to the surviving owner automatically, whatever the Will or intestacy rules say. You can check who would inherit on GOV.UK.
If you are living together but not yet married, the position is very different. Unmarried partners inherit nothing under the intestacy rules, however long you have been together. There is no such thing as “common-law marriage” in England and Wales. So a Will is the main way to provide for an unmarried partner.
What to think about in your Will
- Executors: the people who will deal with your estate. Many couples appoint each other, with a back-up.
- Who inherits: often each other first, then children or other family, but you can choose.
- Guardians: if you have children, or plan to, you can name who would look after them.
- Blended families: if either of you has children from an earlier relationship, a simple “everything to each other” Will may not suit you. A Life Interest Trust can provide for your spouse while keeping your share for your own children.
- Your home: check how you own it. If you own it as joint tenants, it passes to the survivor automatically.
Many couples make mirror Wills, which are two separate Wills in matching terms. Each of you can still change your own Will later.
Pensions and life insurance
Many pension and life insurance payouts do not pass under your Will. Pension schemes usually let you complete an expression of wishes or nomination form. Also, some life policies sit in trust. After marrying, it is worth checking these with each provider so they match your Will.
We do not give financial, pension or insurance advice. If you need it, we can refer you to an appropriate professional.
Inheritance Tax and married couples
Gifts to a spouse or civil partner who is a long-term UK resident for Inheritance Tax (IHT) are usually exempt. So leaving everything to each other normally means no IHT on the first death.
Each person has a nil-rate band of £325,000. A residence nil-rate band of up to £175,000 may also apply when a home passes to children or grandchildren. However, it tapers away for estates worth over £2 million. The government has frozen both until April 2031. Unused allowances can usually transfer to the surviving spouse or civil partner. As a result, a couple may be able to pass on more together. Above the available allowances, the IHT rate is usually 40%.
From 6 April 2027, most unused pension funds and death benefits are also due to count in the estate for IHT. You can read more on GOV.UK. We can explain how the rules work in general. However, if you want tax advice, we can refer you to an appropriate professional.
Lasting Powers of Attorney
Being married does not give your spouse automatic authority over your finances or care if you lose capacity. A Lasting Power of Attorney lets you choose who can act for you. You must make it while you have capacity. Also, nobody can use it until the Office of the Public Guardian has registered it.
If the marriage ends
Separation alone does not change your Will. On divorce or dissolution, the law treats your former spouse or civil partner as having died on the date of the final order. As a result, they lose any gift or appointment as executor. However, the rest of the Will stays in place, which may not be what you want. So it is sensible to review it. See our page on marriage, divorce and your Will.
A simple timeline
- Before the wedding: make Wills in contemplation of your marriage or civil partnership, and talk openly about your wishes.
- After the wedding: check pension nominations and life policies with each provider, and consider LPAs.
- Every few years, or after big changes: review your Wills, for example after the birth of a child, a move or another change in your circumstances.
Talk to us
We write Wills for a fixed fee, including mirror Wills for couples. We offer home visits, appointments at our Oxford office, or online appointments by video. Prices are on our Wills Pricing page.
Your initial chat is free and there is no obligation. Call us on 01865 507174 or email info@adewills.co.uk, or read more about marriage and your Will.
