What Happens to Your Will When You Marry or Divorce?

Most people assume the will they signed years ago still says what they want. But two of life's biggest moments, getting married and getting divorced, can quietly change everything. In England and Wales, marriage normally cancels an existing will altogether, and a divorce treats your former spouse as though they had died before you. Neither change is announced, and neither asks your permission. This guide explains what happens to your will when you marry or divorce, why these rules exist, and the simple steps that keep your wishes intact.

Does getting married revoke a will?

In almost all cases, yes. Under the Wills Act 1837, marrying or entering a civil partnership automatically revokes any will you made before the wedding. The day you marry, the carefully drafted document naming your children, your siblings or your favourite charity is, in the eyes of the law, gone. This catches a great many people by surprise, particularly those marrying later in life or for a second time who assumed their existing arrangements would carry on.

The rule dates back to a time when marriage fundamentally changed a person's circumstances and financial dependants. The thinking was that a fresh start in life deserved a fresh will, made with the new marriage in mind. Whatever you think of the logic, the rule is well established and still in force.

The exception: a will made 'in contemplation of marriage'

There is a sensible way around this. If you are planning to marry, your will can be drafted to say that it is made in contemplation of your marriage to a specific, named person. Done correctly, the will is not revoked when you go on to marry that person. It stands. This is useful for couples who want everything settled before the wedding, rather than redoing paperwork afterwards.

• Name the person. The clause must identify who you intend to marry, not just that you intend to marry someone.
• Tie it to that marriage. It should make clear the will is meant to survive that particular wedding.
• Get the wording right. This is exactly the kind of clause where DIY templates go wrong. A small drafting slip can mean the will is revoked after all.

What happens to your will when you divorce?

Divorce works very differently from marriage. Getting divorced does not tear up your whole will. Instead, the law treats your former spouse or civil partner as if they had died on the date your marriage legally ended. The rest of your will carries on exactly as written. Only the provisions involving your ex change.

This has two main effects. First, any gift you left to your ex-spouse fails. That share passes to whoever you named as a back-up or, if you named no one, it usually falls into the residue of your estate. Where your ex was the main residuary beneficiary it may instead pass under the intestacy rules. Second, if you appointed your ex as an executor or trustee, they can no longer act in that role. They are passed over as though they had died before you.

Why your ex might still inherit if you do nothing

It is a common and uncomfortable surprise: the divorce rules only deal with what your will says about your ex. They do nothing about who inherits if you have no valid will, and nothing about assets that pass outside your will altogether. A few situations regularly catch people out.

• Jointly owned property. If you own your home as joint tenants, it passes automatically to the other owner on death, outside your will and untouched by the divorce rules.
• Pensions and life policies. These often pass by a nomination form you completed years ago. Divorce does not update that form for you. If your ex is still named, they may still receive it.
• An out-of-date or revoked will. If you never replaced a will that marriage revoked, intestacy applies, and a spouse you are separated from but not yet divorced could inherit a large share.

A will is one part of a bigger picture. Reviewing your beneficiary nominations and how your property is owned, alongside your will, is what makes sure the whole arrangement reflects your wishes.

People are often shocked to learn that a wedding can quietly cancel the will they were so careful to make. It is entirely avoidable. A short conversation before the big day usually settles it for good.

What to do when your relationship status changes

The practical answer is simple: treat any change in your relationship status as a prompt to look at your will. You do not need to wait for something to go wrong, and you do not need to understand every rule above. You need to act at the right moments.

Local help across East Yorkshire

If you are planning a wedding, settling things after a divorce, or tidying up your affairs, Safe Harbour Legal can make sure your will keeps pace with your life. Aaron Johnson is a Consultant Solicitor and TEP (a Trust and Estate Practitioner qualified through STEP). He explains everything in plain English, with fixed fees and a free first call, so you know where you stand before committing to anything. He works with families throughout Bridlington, Driffield, Filey, Hornsea, Beverley, Bempton, Flamborough and the wider East Riding, with home visits available along the coast and inland across the Wolds.