When does marriage revoke a will in the UK?
Where a link is marked *, it is a partner link — we receive commission at no extra cost to you. Links without a * earn us nothing. How we make money.
In short: In England and Wales, marriage or civil partnership automatically revokes any earlier will, unless the will is expressly made 'in contemplation of' that specific marriage under s18 of the Wills Act 1837. Divorce does not revoke the will but treats the ex-spouse as having died before you. After the wedding, [make a new will](swiftwill.co.uk*) in the name you will use day to day.
Last reviewed:
Reviewed by Kaiser Khan
If you marry without making a new will, you die intestate from the wedding day onwards and the intestacy rules decide who inherits — which often leaves your existing children worse off than your previous will intended.
To make a will survive a planned marriage, the document must name the intended spouse and clearly state that it is made in contemplation of the marriage to that person. Generic 'in contemplation of any future marriage' wording does not satisfy s18.
Many newlyweds also change surname. Finish any name update first (marriage certificate or a separate deed poll — see our deed poll guide), then [write a new will](swiftwill.co.uk*). Scotland is different: marriage no longer automatically revokes a will under the Succession (Scotland) Act 2016.
Primary source: legislation.gov.uk/ukpga/Will4and1Vict/7/26
Part of our Family & care
This quick answer sits inside our wider family & care hub — with sub-guides, calculators and step-by-step explainers on the same topic.
Read the full family & care guide →