Wills · 7 min read · Published
What happens to your will when you marry or divorce?
Getting married usually cancels your existing will, and divorce treats your ex-spouse as if they had died first. What those rules mean for your wishes, and the simple steps that protect them.
By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.
This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.
Guides · Wills · No. 5 of 18Published · 7 minutes
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, and why these rules exist. It also sets out 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. They assume their existing arrangements will 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 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: '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.
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.
Marriage and divorce: the effect on your will
| When you marry | When you divorce |
|---|---|
| Your existing will is normally revoked in full | Your will stays valid. It is not cancelled |
| You are left intestate unless you make a new will | Your ex-spouse is treated as having died first |
| A 'contemplation of marriage' clause can prevent this | Gifts to them fail; their executor role falls away |
| Best handled before the wedding | Best reviewed at separation and again at the final order |
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 assets that pass outside your will altogether. Until the final order, a separated spouse can still inherit under the intestacy rules if you have no valid will. The exception is where a court has made a judicial separation order. A former spouse who has not remarried or entered a new civil partnership may also be able to claim against your estate. The divorce court can make an order barring that claim. 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.
When your relationship status changes
The practical answer is simple: treat any change in relationship status as a prompt to look at your will. You do not need to wait for something to go wrong. You do not need to understand every rule above either. You need to act at the right moments.
Keeping your will in step with your life
- Before you marryDecide whether to make a fresh will after the wedding or have a will drafted in contemplation of the marriage so it survives the day. Either way, do not assume your old will simply continues.
- When you separateThe divorce rules have not yet applied. If you no longer want your spouse to benefit, this is the time to review your will, not after the final order.
- When the divorce is finalisedCheck who now inherits the gifts that were meant for your ex, and confirm you still have valid executors. Update beneficiary nominations on pensions and life policies separately.
- Every few years otherwiseEven without a marriage or divorce, revisit your will after big life events. These include a new child or grandchild, a house move, or the death of someone you had named.
Local help across East Yorkshire
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. Home visits are available along the coast and inland across the Wolds.
Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 18 June 2026 · Ends
