Does Marriage Revoke a Will? What Families Need to Know
When someone dies and leaves a will, the expectation is that the document reflects their wishes. However, if the person who died married after writing their will, that will may no longer be valid. The question of whether does marriage revoke a will is one that catches many families completely off guard, particularly when they discover they were named in an earlier will that the deceased never updated.
This article explains exactly what happens to a will when someone marries, why it matters, what options may exist for those who find themselves unexpectedly cut out of an inheritance and how to get legal advice.
What the law says about marriage and wills in England and Wales
In England and Wales, the law is clear. Under section 18 of the Wills Act 1837, marriage automatically revokes (cancels) a will. When someone marries, any will they made before that marriage becomes invalid, regardless of when it was written or who it named. Divorce has a very different effect, which we cover separately in does divorce invalidate a will?
This means the deceased’s estate passes instead under the rules of intestacy (the legal rules that decide who inherits when there is no valid will). These rules typically favour a spouse and, after that, children. However, the result can differ significantly from what the earlier will intended.
Scotland operates under different rules. There, marriage does not automatically revoke a will, but a surviving spouse has legal rights over the estate regardless.
The “contemplation of marriage” exception
There is one important exception to the rule. A will is not revoked by marriage if it contains a clause stating that it was made “in contemplation of” a specific marriage. The wording must refer to that particular marriage, not marriage in general.
For example, a person might write a will that says: “This will is made in contemplation of my forthcoming marriage to [name].” In that case, the marriage does not revoke the will, and it remains valid after the wedding.
This clause is relatively uncommon. Many solicitors include it only when clients specifically ask, or when a marriage is imminent and the client wants their wishes to remain in place. If the will the deceased left does not contain this clause, the marriage will have revoked it.
What happens to the estate when a will is revoked by marriage
If the will is revoked and the deceased left no subsequent valid will, the estate is distributed under intestacy rules. In England and Wales, the intestacy rules under the Administration of Estates Act 1925 set out a strict order of priority. Our intestacy rules flowchart sets out that order step by step.
The current spouse inherits first. If the estate is worth more than £322,000, children share the remainder equally. If the estate is worth less than that threshold, the spouse inherits everything.
For families in this position, the result can be significant. A child named in a revoked will, or a grandchild, or a close friend, may receive far less than the deceased intended, or nothing at all.
What if the deceased had children from a previous relationship
This situation is particularly common in blended families. A parent writes a will leaving assets to their children from a previous relationship. They then marry a new partner without updating the will, and without including a contemplation of marriage clause. The earlier will is revoked. The estate passes to the new spouse under intestacy rules, potentially leaving the children from the first relationship with nothing, or very little.
This is not a flaw in the legal process. It is, however, a consequence that many families simply do not anticipate.
Are there any remedies for those who did not inherit?
If you were named in a revoked will and have received nothing under intestacy, your options are limited but not necessarily zero.
Inheritance Act claims
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people to apply to the court for reasonable financial provision from an estate, even where they are not entitled under intestacy. Those who can make a claim include:
- Children of the deceased (including adult children)
- Former spouses or civil partners (in some circumstances)
- Any person who was financially dependent on the deceased immediately before their death
- Any person treated as a child of the family
A claim under the Inheritance Act does not overturn the revocation of the will. Instead, it asks the court to make a separate financial award from the estate. The court considers a range of factors, including the claimant’s financial needs, the size of the estate, and the relationship between the claimant and the deceased.
These claims have strict time limits. In most cases, you must apply within six months of the grant of probate. We explain how the process works in our guide to Inheritance Act claims and contentious probate. Missing that deadline can mean losing the right to claim entirely.
Contesting the validity of the marriage
In rare cases, it may be possible to challenge whether the marriage was legally valid. If the marriage itself can be shown to be void or voidable, it may not have revoked the will. Grounds for this are narrow and would require specialist legal advice.
Mutual wills
If the deceased and a previous partner had made mutual wills (a formal agreement between two people to leave their estates in a particular way), there may be grounds to argue that the new spouse should be bound by the terms of that agreement. Mutual wills are legally enforceable in certain circumstances. However, this area of law is complex and the evidence required is substantial.
What families should do if they find themselves in this situation
The first step is to establish whether the will has been revoked. Check the date of the will against the date of the marriage. If the marriage took place after the will was signed, and the will contains no contemplation of marriage clause, it is likely to have been revoked.
Next, find out how the estate is being administered. The executor (or administrator, if there is no valid will) has a duty to follow the law, as set out in our guide to the duties of an executor of a will. If you believe an error is being made, or if you want to explore a potential claim, you should take legal advice promptly.
Time is a critical factor. Inheritance Act claims and other challenges all have deadlines. Acting quickly gives you the best chance of preserving your options.
Speak to a solicitor about your situation
If you believe a marriage has revoked a will and you may have been affected, speak to a qualified solicitor as soon as possible. The law in this area is precise, and the outcome depends entirely on the specific facts of the estate.
You can book a free legal consultation through The Probate Network to speak with an SRA-regulated solicitor who can assess your position and advise you on the options available.
FAQs
Does marriage revoke a will in England and Wales?
Yes. Under the Wills Act 1837, marriage automatically revokes any will made before the marriage, unless the will contains a clause stating it was made in contemplation of that specific marriage.
Does marriage invalidate a will made in Scotland?
No. In Scotland, marriage does not automatically revoke a will. However, a surviving spouse retains legal rights over the estate, which can affect what other beneficiaries receive.
Can I challenge a will that was revoked by marriage?
You cannot undo the revocation, but you may be able to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if you were financially dependent on the deceased or are a child of the deceased. Time limits apply, so take legal advice promptly.
What if the deceased remarried but intended to leave assets to their children?
If the will was revoked by the remarriage and the deceased left no new will, the estate passes under intestacy rules, which typically favour the surviving spouse. Children from a previous relationship may receive little or nothing. An Inheritance Act claim may offer a route to financial provision in some cases, depending on the circumstances.
This article is for general guidance only and does not constitute legal or financial advice. Rules and thresholds can change and every estate is different. For advice on your own circumstances, speak to a qualified solicitor. You can book a free legal consultation through The Probate Network.
