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Does Marriage or Divorce Affect Your Will?

Marriage and separation represented through different life stages highlighting the importance of reviewing a will.

Marriage, separation and divorce can change far more than your relationship status.

They can also have a significant effect on your will.

One of the most important things to understand is that getting married or entering a civil partnership will generally revoke an existing will in England and Wales.

Divorce works differently.

Getting divorced doesn't normally cancel your entire will. Instead, once the divorce is final, your former spouse is generally treated as though they had died before you for certain purposes of the will.

That can affect gifts you've left them and their appointment as an executor or trustee.

These rules can create unexpected consequences if you don't review your estate planning when your relationship circumstances change.

In this guide, we'll explain what happens to your will when you marry, separate, divorce or remarry — and when you should consider making a new will.

Does Getting Married Invalidate Your Will?

In most cases, yes.

In England and Wales, getting married generally revokes a will you made before the marriage.

The same general principle applies when entering into a civil partnership.

This means that simply getting married can leave you without a valid will, even if your previous will perfectly reflected your wishes before the wedding.

If you then die without making another valid will, your estate may instead be distributed according to the rules of intestacy.

That's why reviewing your will should be an important part of preparing for marriage.

Why Does Marriage Revoke a Will?

The rule comes from wills legislation in England and Wales.

Its effect is that marriage or civil partnership generally revokes an earlier will automatically.

This can catch people by surprise because there is no requirement for you to physically destroy your old will.

The document may still be sitting safely in your files, but that doesn't necessarily mean it's still legally effective.

If you've recently married and your will was written beforehand, don't assume your old will still protects you.

Is There an Exception to the Marriage Rule?

Yes.

A will can be prepared in contemplation of marriage or civil partnership to a particular person.

Where the will has been correctly prepared so that the intended marriage won't revoke it, it may remain valid after the wedding or formation of the civil partnership.

This can be useful if you're planning to marry but want to put your estate planning in place beforehand.

However, the wording and circumstances matter.

If you're getting married and already have a will, it's sensible to have your position reviewed rather than assuming an exception applies.

Should You Make a Will Before or After Getting Married?

You can do either.

If you make a will before the wedding and want it to continue afterwards, it needs to be prepared appropriately with the intended marriage in mind.

Alternatively, you can make a new will after you're married.

The important thing is not to leave a gap where an old will has been revoked and no replacement has been put in place.

This can be particularly important if you:

Own property
Have children
Have children from an earlier relationship
Own a business
Have substantial savings or investments
Want particular people to inherit
Want to appoint specific executors
Have a blended family

Does Marriage Mean Your Spouse Automatically Gets Everything?

Not necessarily.

If your marriage revokes your previous will and you die without making another one, your estate may be dealt with under the rules of intestacy.

Your spouse or civil partner has significant rights under those rules, but the outcome depends on your family circumstances and estate.

For example, having children can affect how an intestate estate is distributed.

Making a new will allows you to decide what should happen rather than relying on the default rules.

What About Wills for Married Couples?

If you and your spouse have broadly similar wishes, you might consider Mirror Wills.

Mirror Wills are two separate wills designed to reflect similar wishes.

For example, each spouse may choose to leave their estate to the other first and then to their children.

If you'd like to understand this in more detail, read our guide:

Do Married Couples Need Separate Wills?

You can also learn more about Ember Heritage's Mirror Wills service.

Does Separation Affect Your Will?

This is where people need to be particularly careful.

Simply separating from your spouse doesn't generally have the same effect on your will as a completed divorce.

If you're separated but still legally married, provisions in your existing will relating to your spouse may therefore remain relevant.

That means a spouse you no longer live with could potentially still be named:

As a beneficiary
As an executor
As a trustee
In other important provisions of your will

If your relationship has broken down, don't assume moving out or beginning divorce proceedings has automatically changed your will.

Review it as soon as possible.

Does Divorce Cancel Your Will?

No.

Divorce doesn't normally revoke your entire will in England and Wales.

Instead, once the divorce is legally final, the law generally treats your former spouse as though they had died before you for relevant purposes of the will, unless the will shows a contrary intention.

This can affect both:

Gifts made to your former spouse
Their appointment as executor or trustee

The rest of your will may continue to operate.

This distinction is extremely important.

Marriage can revoke the whole will. Divorce generally does not.

What Happens to a Gift Left to Your Ex-Spouse?

Suppose your will says:

"I leave my estate to my spouse."

You later divorce but never update the will.

Once the divorce is final, the gift to your former spouse will generally be treated as though your former spouse had died before you, unless your will indicates a different intention.

What happens next depends on the rest of your will.

There may be an alternative beneficiary.

The gift may pass under another provision.

Or the way part of your estate is distributed could change significantly.

This is why relying on the automatic legal effect of divorce isn't a substitute for reviewing your will.

What If Your Ex-Spouse Is Your Executor?

Divorce can affect this too.

If your former spouse was appointed as an executor or trustee in your will, that appointment will generally be treated as though the former spouse had died when the marriage ended, unless the will expresses a contrary intention.

Your substitute executor may then need to act instead.

But what if you never appointed a substitute?

That can create avoidable complications.

Reviewing your executor appointments after separation or divorce is therefore just as important as reviewing who inherits.

For more information, read: Who Can Be an Executor?

When Does Divorce Affect a Will?

The distinction between separation and a legally completed divorce matters.

Ending a relationship, moving into separate homes or beginning divorce proceedings isn't the same as having a legally final divorce.

This is why waiting until everything is finished before thinking about your will can be risky.

If you've separated and your existing will benefits your spouse, consider reviewing your estate planning straight away.

You can then review it again once the divorce and any associated financial arrangements are complete.

Should You Change Your Will During a Divorce?

Often, it is sensible to review it.

A divorce can take time, and until it is legally final, your existing will may continue to operate differently from how you now want it to.

You may want to reconsider:

Who inherits your estate
Who acts as executor
Who receives particular possessions
What happens to your property
Provisions for children
Trust arrangements
Alternative beneficiaries

However, divorce can also involve financial orders, jointly owned assets and other legal considerations.

Your will should therefore form part of your wider planning rather than being considered completely in isolation.

What If You Have Children Together?

Divorce doesn't end your responsibilities as a parent, and your children may become an even more important part of your estate planning.

You may want to consider:

How your children should inherit
At what age they should inherit
Who should manage assets for younger children
Who you'd want to act as executor or trustee
Your wishes regarding guardianship where appropriate
What happens to your home or other significant assets

If you have children from more than one relationship, careful planning becomes even more important.

What About Stepchildren After Divorce?

Stepfamilies can create particularly complicated estate-planning questions.

An unadopted stepchild doesn't automatically have the same intestacy position as a biological or legally adopted child simply because you previously treated them as part of your family.

However, you may still want a stepchild to inherit from you even after your relationship with their parent ends.

A will allows you to make those wishes clear.

Equally, if your intentions have changed following divorce, you should review any existing provisions you've made.

What Happens If You Remarry?

Remarriage is another major trigger for reviewing your will.

Remember: marriage generally revokes an existing will.

So if you make a new will after divorce and then later remarry, that subsequent marriage could revoke the will unless the appropriate exception applies.

This is particularly important for people entering a second marriage.

You may want to provide for:

Your new spouse
Children from your previous marriage
Children you have together
Stepchildren
Particular family assets
Property you owned before the new relationship

Without careful planning, the eventual outcome may not match what you intended.

Second Marriages and Blended Families

Second marriages often involve competing estate-planning priorities.

For example, you may want your new spouse to be financially secure while also ensuring that children from an earlier relationship ultimately inherit.

A straightforward gift of everything to your new spouse may not always achieve both goals.

Once assets have passed to another person, their future decisions, circumstances and estate planning can affect where those assets ultimately go.

Depending on your circumstances, it may therefore be worth considering whether additional estate-planning arrangements are appropriate.

Does Divorce Affect Mirror Wills?

Potentially, yes.

Although they're commonly prepared together, Mirror Wills remain two separate individual wills.

If a couple separates or divorces, both people should review their own will.

Don't assume that because the wills were originally prepared together, they will automatically update themselves to reflect the end of the relationship.

They won't.

Each person needs to consider what they now want to happen to their own estate.

What Happens If You Don't Update Your Will After Divorce?

Your entire will doesn't simply disappear because you're divorced.

Instead, the legal treatment of provisions involving your former spouse changes while other provisions may continue.

That can create outcomes you didn't anticipate.

For example:

A substitute beneficiary may inherit
A replacement executor may need to act
Part of the estate could pass differently from what you expected
Old provisions relating to other family members may remain unchanged
Your current partner may not be included at all

A will written many years before a divorce may therefore be legally operative but completely out of date with your current wishes.

What If You Start a New Relationship but Don't Remarry?

A new partner doesn't automatically get added to your existing will.

If you've divorced and later begin living with someone else, you should consider whether your will still reflects your intentions.

This is especially important if you don't marry or enter a civil partnership.

There is no general "common-law marriage" status in England and Wales giving an unmarried partner the same automatic inheritance rights as a spouse or civil partner.

If you want your new partner to inherit, don't simply assume the law will take care of it.

When Should You Review Your Will?

Government guidance recommends reviewing your will every five years and after major changes in your life.

Important triggers include:

Getting engaged
Getting married
Entering a civil partnership
Separating
Starting divorce proceedings
Finalising a divorce
Beginning a new relationship
Remarrying
Having children
Buying a home
Significant financial changes
The death of a beneficiary
The death of an executor

Regular reviews help make sure the document you have still reflects the life you're actually living.

Can You Simply Edit Your Existing Will?

Don't write changes directly onto a signed will.

If changes are needed, they need to be made correctly.

For some changes, a codicil may be appropriate.

For significant changes — particularly following major events such as marriage or divorce — making a new will may be more suitable.

Common Will Mistakes After Marriage or Divorce

Assuming Your Old Will Still Works After Marriage

Marriage generally revokes an existing will unless an applicable exception applies.

Assuming Separation Automatically Removes Your Spouse

Separation isn't the same as a completed divorce.

Assuming Divorce Cancels the Entire Will

It generally doesn't. Instead, the treatment of provisions involving your former spouse changes.

Forgetting About Your Executor

Your former spouse may have been both your main beneficiary and your executor.

Review both.

Forgetting to Update Alternative Beneficiaries

Removing one person doesn't answer the question of who should inherit instead.

Forgetting About Remarriage

A new marriage can affect a will you made after your previous divorce.

Ignoring Blended-Family Issues

Second marriages and children from previous relationships often require more careful estate planning.

Frequently Asked Questions

Does getting married cancel a will?

In England and Wales, marriage will generally revoke a will made beforehand. An important exception can apply where the will was properly made in contemplation of marriage to a particular person.

Does divorce invalidate a will?

No. Divorce doesn't generally invalidate the entire will. Instead, provisions involving your former spouse are generally treated as though the former spouse had died when the marriage ended, unless the will indicates otherwise.

Does separation change a will?

Separation alone doesn't generally have the same effect as a legally completed divorce. If you're separated, you should review your will rather than assume your spouse has automatically been removed.

Can my ex-spouse still inherit from my will?

Following a completed divorce, a gift to a former spouse under an existing will will generally take effect as though that former spouse had died when the marriage ended, unless the will expresses a contrary intention.

Can my ex-spouse still be my executor?

A former spouse's appointment as executor or trustee will generally be treated as though they had died when the marriage ended, unless the will expresses a contrary intention.

Should I make a new will after getting married?

Yes, you should review your estate planning because marriage will generally revoke an earlier will. If your earlier will was specifically prepared in contemplation of that particular marriage, different rules may apply.

Should I update my will while getting divorced?

It's sensible to review your will as soon as your relationship circumstances change. Separation doesn't have the same legal effect on a will as a completed divorce.

What happens if I remarry?

A subsequent marriage will generally revoke an existing will unless an applicable exception applies. This makes estate planning particularly important for second marriages and blended families.