What happens to your Will when you get married?

Pre-existing Wills

Any existing Will that you have made prior to your marriage or civil partnership will automatically be revoked when you get married. Without a valid Will in place, you would be considered “intestate” and your estate would be subject to the intestacy rules. You would have no control over who your assets pass to upon your death. This is of particular importance if you have children from a previous relationship. You would then need to make a new Will upon getting married to ensure your estate is distributed in accordance with your wishes.

Wills "in contemplation of marriage"

There is one exception to the above rule – where your Will contains a provision stating that you wish for your Will to remain valid after your intended marriage to a named individual. This is often referred to as a Contemplation of marriage clause. In this scenario your current Will will not be revoked when the intended marriage takes place.

Your Will would need to comply with certain requirements, including:

• 1. State that you are intending to marry, and that you do not wish for your Will to be revoked by said marriage;
• 2. Provide the name of the person that you are intending to marry; and
• 3. The marriage or civil partnership should take place within a relatively short period of time after the Will has been executed. There is no set definition of an acceptable length of time.

Our Succession and Tax team are happy to discuss and provide advice on the potential implications of an upcoming marriage or civil partnership on your Will. This advice could give you the peace of mind to enable you to get married and head off on your honeymoon knowing that your Will is valid and your loved ones would receive what you intended for them.