Does Marriage Automatically Override a Will in the UK?

When preparing for the future, many individuals take time to draft a will to ensure their assets are distributed according to their wishes upon their passing. However, one factor that often goes overlooked is the legal effect of marriage on an existing will. In the United Kingdom, marriage plays a significant role in testamentary planning, and failing to account for its impact can lead to unintended consequences for spouses, family members, and beneficiaries.

This article delves into the question of whether marriage automatically invalidates a will in the UK, explores the relevant legal principles, and considers the implications for individuals who have or plan to enter into marriage.

How Marriage Affects an Existing Will

Under UK law, getting married automatically revokes any pre-existing will unless specific provisions have been made in anticipation of the union. This legal principle is rooted in the idea that marriage is a profound life event that changes a person’s familial and financial circumstances, warranting a fresh assessment of how their estate should be managed after death.

Essentially, when a person marries, any will they had previously written becomes void, meaning that it no longer has legal standing. Instead of distributing their estate according to their original wishes, intestacy rules will determine who inherits their assets unless a new will is created after the marriage.

There are only a few exceptions to this rule, which will be discussed later in the article. However, for most newly married individuals, failing to update or rewrite their will can lead their estate into intestacy, potentially depriving intended beneficiaries of their inheritance.

The Intestacy Rules and Their Consequences

If a person’s will becomes invalid upon marriage and no updated will is made, their estate will be distributed according to the intestacy rules set out in the Administration of Estates Act 1925. These rules dictate how an estate is divided in the absence of a valid will, prioritising specific family members.

Under the intestacy rules in England and Wales, the order of inheritance typically follows this structure:

If the deceased leaves a surviving spouse or civil partner but no children
The entire estate goes to the surviving spouse or civil partner. This could be problematic if the deceased intended for a portion of their estate to go to other family members, friends, or charities. Without a new will, those wishes would not be fulfilled.

If the deceased leaves a surviving spouse or civil partner and children
The spouse or civil partner inherits:
– The first £322,000 (as of 2024) of the estate
– All of the deceased’s personal belongings
– Half of any remaining estate

The other half of the remaining estate will be divided equally among the deceased’s children. If there are no children, the estate may pass to other close relatives, according to the intestacy rules.

For individuals with complex family situations, such as those with children from previous relationships, the intestacy rules might lead to outcomes that do not reflect their intentions. Without a valid will, a person’s children from a previous marriage or other dependents may inherit less than originally planned.

Does a Civil Partnership Have the Same Effect as Marriage?

Yes, entering into a civil partnership has the same legal effect as marriage in terms of revoking a previous will. In the UK, civil partnerships provide almost identical legal rights and obligations to marriage, including the automatic invalidation of an existing will upon formation of the partnership.

If a couple enters a civil partnership without updating their estate planning documents, the same risks of intestacy apply. Therefore, anyone entering a civil partnership should ensure they revisit their will in a timely manner.

Can a Will Be Made in Contemplation of Marriage?

One of the key exceptions to the rule that marriage invalidates a will is if the will was made “in contemplation of marriage.” This means that a person can write a will before their wedding that remains valid even after they marry, provided that it explicitly states it is being made in anticipation of their marriage to a specific person.

To ensure a will remains valid after marriage:
– The will must include wording that clearly states it is being made “in contemplation of marriage” to the intended spouse.
– The spouse must be identified. A general reference to future marriage without specifying a partner is insufficient.
– The will must comply with all other legal formalities required for a valid will, including being properly signed and witnessed.

By including such provisions, individuals can avoid the automatic revocation of their will when they marry, ensuring their estate is distributed according to their true wishes rather than through the intestacy rules.

What Happens If a Couple Separates or Divorces?

Separation, divorce, or dissolution of a civil partnership does not have the same automatic effect on a will as marriage does. Unlike marriage, separating from a spouse or civil partner does not revoke an existing will. However, a divorce or the dissolution of a civil partnership does affect how an ex-partner is treated under an existing will.

Once a divorce or dissolution is finalised:
– Any provisions in the will relating to the former spouse or civil partner are treated as if that person had died before the testator.
– The former spouse or civil partner will not inherit under the will unless specific provisions allow for this.
– All other aspects of the will remain valid and intact.

This means that while marriage revokes a will entirely, divorce does not. However, many people mistakenly believe that a divorce invalidates their will and may fail to update it accordingly. An outdated will could cause complications if significant parts of it rely on the presence of the now ex-spouse.

What Steps Should Be Taken to Avoid Estate Planning Issues?

Marrying individuals or those in civil partnerships should take proactive steps to prevent unintended consequences in their estate planning. Below are ways to mitigate the risks associated with marriage and wills:

1. Review and Update Your Will After Marriage
Since marriage typically revokes a will, anyone getting married should ensure they create a new will as soon as possible. This ensures that their estate will be handled according to their current wishes.

2. Include a ‘Contemplation of Marriage’ Clause
If an individual is engaged and planning to marry, they can draft a will before their wedding, including a clause stating that it was made in expectation of their marriage to a specific individual. This allows their will to remain valid after the wedding.

3. Seek Professional Legal Advice
Estate planning can be complex, especially when factoring in marriage, children from previous relationships, and other financial considerations. It is advisable to consult a solicitor who specialises in wills and probate to ensure the document is legally sound and reflects the testator’s true intentions.

4. Regularly Review Your Will
As life circumstances change, such as through marriage, the birth of children, acquiring new assets, or even divorcing, individuals should review their wills regularly. A periodic review ensures that an estate is always structured in alignment with personal and financial objectives.

5. Consider Other Estate Planning Tools
In addition to a will, individuals may wish to explore other estate planning tools, such as trusts, to manage their assets effectively and provide for loved ones. Trusts may offer additional protection and flexibility for beneficiaries.

Conclusion

Many people are unaware that marriage automatically revokes any existing will unless it is explicitly worded in contemplation of marriage. Without a new will, the estate will be distributed according to the intestacy rules, which may lead to unintended and, in some cases, unfair outcomes for certain beneficiaries.

To prevent disruptions to estate planning, it is essential for individuals marrying or entering into a civil partnership to review and update their wills promptly. Seeking legal advice, incorporating an appropriate clause in a will when relevant, and regularly reviewing estate planning documents can ensure one’s assets are distributed according to their true wishes.

Marriage brings many changes, both in life and in law, and understanding its impact on wills is crucial for effective estate management. By taking a proactive approach, individuals can ensure their loved ones are provided for in the manner they intend.