Marriage revokes a Will: Marriage, Mortality & the Importance of Writing a Will

Weddings are often enveloped in joy, hope, and the promise of a shared future. During such moments, few people consider the legal or financial consequences that could arise should the unimaginable occur. Yet the reality is that life is unpredictable, and major milestones, including marriage, require thoughtful planning beyond the celebration itself.

A close friend of mine, a healthy and vibrant woman of 46, recently remarried. She had an adult daughter from her previous marriage and, after years of searching, had finally found happiness. After a joyful wedding and honeymoon, she tragically died of a sudden heart attack, leaving no updated Will behind

Her prior Will, which clearly expressed her intention to leave her estate to her daughter, was revoked by the act of marriage. This meant it could not be relied upon and was considered invalid. Under UK law, unless a Will is made in clear contemplation of marriage, the legal union revokes it. As a result, the rules of intestacy applied: her husband inherited the first £322,000 of her estate, with any remaining assets split between him and her daughter.

This distribution did not reflect her previously documented wishes. While her daughter had the right to contest the estate, such claims are often complex, emotionally taxing, and financially burdensome, especially while grieving and coming to terms with sudden loss. Alternatively, her husband had the option to amend the estate’s distribution, which could have brought it in line with what had been written in previous Wills, through a deed of variation yet chose not to do so.

Ultimately, the daughter received a fraction of the estate, and the loss was compounded by legal and emotional upheaval that could have been prevented.

Like many people, my friend probably hadn’t realised that marriage revokes a Will. She assumed that her existing Will remained valid and believed there was still time to update it. Sadly, she never got the chance to rectify this misunderstanding, and the consequences were profound.

This situation starkly illustrates the need to update or create a Will when key life events, such as marriage, take place. Trusting that loved ones will “do the right thing” is not a substitute for legal clarity. Moral obligations are not enforceable in court. Regardless of the strength of a relationship, intentions must be documented.

If you are marrying, particularly for the second time, and have children from a previous relationship, it is essential to prepare for all eventualities. Many people mistakenly believe there will always be time to address these matters, but time is not promised.

Drafting and signing a valid Will is not only a legal safeguard, it is an act of care. It ensures your wishes are honoured, your loved ones protected, and your estate reflects the legacy you intended.

If you have any questions about how marriage may affect your existing Will, or if you’d like to create or update your Will to reflect your current circumstances, please don’t hesitate to contact our Wills, Trusts and Probate team at mlplaw. We’re here to provide clear, compassionate guidance and help ensure that your wishes are fully protected.