Just married? Here’s why it’s time to review your Will

Getting married is one of the most significant milestones in life, but many people don’t realise it can also significantly affect their estate planning. In England and Wales, marriage will usually revoke an existing Will unless it was specifically made in contemplation of that marriage. Reviewing your Will shortly before or after your wedding can help ensure your wishes are still reflected and that your loved ones are properly protected.

For many couples, in the excitement of planning a wedding, reviewing a Will is rarely a priority. Yet marriage is one of the most important life events that should prompt a review of your estate planning. It can fundamentally change what happens to your assets when you die and, in some circumstances, may leave your affairs governed by rules you never intended to rely upon.

Does getting married affect an existing Will?

In most cases, yes. Under the law in England and Wales, a valid marriage automatically revokes any existing Will unless that Will was drafted specifically in contemplation of the marriage. In simple terms, “revokes” means the Will is cancelled and no longer takes legal effect.

This often comes as a surprise. Many people spend time carefully considering who should inherit their assets, who should act as executors, and who should look after children if both parents die. They then marry, perhaps years later, without realising those carefully considered arrangements may no longer be valid.

What happens if you die after marriage without making a new Will?

If your previous Will has been revoked and you have not made a replacement, your estate will generally be dealt with under the intestacy rules.

The intestacy rules set out a legal order of inheritance when someone dies without a valid Will. While spouses and civil partners are often protected to a significant extent, the outcome is not always what families expect. For example, the rules do not consider personal relationships, stepchildren, close friends, charitable wishes, or specific family circumstances. They simply follow a prescribed legal framework.

This can create particular difficulties for:

• Blended families
• Couples with children from previous relationships
• Business owners
• Individuals with significant inheritance tax considerations.

What the law considers fair and what you would consider fair are not always the same thing.

Why reviewing your Will after marriage is particularly important for blended families

Modern families are increasingly diverse. Second marriages, later-life relationships, and blended households are now common across the UK. A Will that worked perfectly before marriage may no longer reflect your priorities afterwards.

For example, one spouse may wish to provide for their husband or wife while protecting an inheritance for children from an earlier relationship. Achieving both aims often requires careful drafting. Without an up-to-date Will, assets may pass in ways that create tension or unintended outcomes.

Should newly married couples make a Will even if they have no children?

Absolutely. There is sometimes a misconception that Wills are only necessary for people with substantial property portfolios or complex finances. In reality, most people accumulate assets that are worth protecting.

This might include:

• A home or share of a property
• Savings and investments
• Life insurance proceeds
• Pension death benefits
• Personal possessions with financial or sentimental value.

A Will allows you to appoint executors and set out exactly how you want your estate to be distributed. Even younger couples who are only beginning to build their financial future often benefit from putting these arrangements in place early.

What if your Will was made in contemplation of marriage?

A Will can remain valid after marriage if it was drafted “in contemplation of marriage”. This means the Will specifically states that it is being made in anticipation of a particular marriage.

However, the wording must be carefully drafted. A general intention to marry at some point in the future is usually not enough. If you made a Will before your wedding and are unsure whether this exception applies, seek advice rather than making assumptions.

When should you review your Will after getting married?

The short answer is sooner than you might think. Many couples put estate planning on hold while they settle into married life, but unexpected events can happen at any time. An up-to-date Will provides peace of mind that your wishes have been clearly recorded. Reviewing your Will after marriage is often far simpler than dealing with the consequences of not having one.

Looking ahead: marriage changes more than your relationship status

Marriage changes your legal position in many ways, and estate planning is often overlooked. Reviewing your Will helps ensure your assets pass as you intend and provides greater certainty for those you leave behind. A new chapter in life should be reflected in your estate planning too.

Speak to our Lifetime Planning team today

At Ashtons Legal, we can help you review and, if necessary, update your Will. We can also advise on other legal documents, including Lasting Powers of Attorney. We currently offer free, secure storage so all your documents are in one place.

If you have any questions about anything in the above article, contact our specialist Lifetime Planning team using our online enquiry form or by calling 0330 404 0778.