⚡ Critical: Marriage automatically revokes your previous Will. If you remarry without making a new Will, your estate will be divided by intestacy rules — which may not protect your new spouse or adult children at all.
Does Remarriage Revoke Your Will?
Yes, absolutely. Under UK law (Wills Act 1837), any marriage automatically revokes all previous Wills. This applies regardless of whether you intended it or not.
This means:
- If you had a Will from a previous relationship, it is now void
- If you marry without making a new Will, you die intestate
- Your estate will be divided by intestacy law, not your intentions
- Your new spouse may or may not inherit — depending on what you leave
- Adult children may inherit before (or instead of) your spouse
Action: Make a new Will as soon as you remarry — don't wait. This is one of the most common and expensive mistakes in blended families.
The Problem With Intestacy in a Second Marriage
If you die without a Will after remarriage, intestacy rules determine who gets what. Here's how it works in the UK:
| Estate value | First in line (spouse gets) | Remainder goes to |
|---|---|---|
| Under £322,000 | Entire estate | N/A |
| £322,000–£500,000 | £322,000 + half of remainder | Children |
| Over £500,000 | £322,000 + interest + half of remainder | Children |
Problem: Even if your entire estate is under £322,000, adult children from a previous relationship get nothing — your entire estate goes to your new spouse. Is that what you wanted?
For estates over £322,000, your children automatically inherit part of your estate even if your new spouse needs it more. This can create conflict and resentment.
How to Divide Your Estate: Common Options
Option 1: Everything to Your New Spouse (With Trust)
Approach: Leave everything to your spouse, with a note requesting they later benefit your children.
Pros: Simple, keeps the family estate intact, your spouse can manage flexibly.
Cons: Your spouse has no legal obligation to follow your wishes — they could leave everything to their own children instead. Your children may receive nothing.
Better solution: Use a Trust in your Will. Leave assets to your spouse in a trust, with remainder to your children after their death. Your wishes are legally binding.
Option 2: Split the Estate (Percentage Division)
Approach: Leave a set percentage to your spouse (40%, 50%, 60%) and the rest to your children.
Example: £400,000 estate — leave £200,000 (50%) to new spouse, £200,000 to adult children.
Pros: Fair division, acknowledges both family groups, straightforward to execute.
Cons: May leave your spouse short if they have no other income or assets. Creates immediate division of assets.
Option 3: Life Interest Trust (Best for Blended Families)
Approach: Set up a trust in your Will. Your spouse receives income and can live in the property, but when they die (or if they remarry), assets pass to your children.
Example: Leave the family home in trust to your spouse for life. They can live there and receive any rental income. When they pass away or move into care, the property goes to your children.
Pros: Protects both your spouse and your children. Spouse has security without losing assets. Children receive their inheritance eventually. Tax efficient.
Cons: More complex to set up and administer (needs professional executor or trustee). Can create tension if spouse remarries.
Option 4: Gifts to Spouse + Remainder to Children
Approach: Leave specific gifts to your spouse (jewellery, cash sum, car) and the rest to your children.
Example: Leave £50,000 in cash, wedding ring, and car to new spouse. Leave everything else (house, investments, pensions) to adult children.
Pros: Clear, recognises your spouse's role, majority to your children.
Cons: Fixed amounts may seem arbitrary. If you predecease your spouse, inflation erodes the cash gift.
Key Legal Issues to Address
Disclosure and Fairness
Your Will is a contract — courts can challenge it on grounds of:
- Undue influence: Did your new spouse pressure you into unfair provisions?
- Lack of capacity: Were you of sound mind when you made it?
- Inadequate provision: Did you fail to provide for dependants (spouse, minor children)?
To protect your Will:
- Make it with a solicitor (not a template) — solicitors record capacity and absence of pressure
- Be explicit about your intentions — use explanatory statements
- Consider a prenuptial agreement or post-nuptial agreement with your new spouse
Prenuptial and Postnuptial Agreements
Before or after remarriage, a written agreement can clarify financial arrangements:
"We agree that my Will leaves 60% to my new spouse and 40% to my adult children from my previous relationship. This division reflects our intentions and protects both family groups."
While not legally binding in the UK, these agreements carry significant weight if your Will is challenged. Courts consider them evidence of your true intentions.
Life Insurance and Pensions
Don't forget to update beneficiary nominations:
- Life insurance: Update the beneficiary from your ex-spouse to your new spouse or estate
- Pensions: Many schemes let you nominate who receives a pension lump sum on death — update this
- Savings accounts: Some products have "transfer on death" features — check these are still correct
These assets often pass outside your Will, so it's critical to review them.
Protecting Your Adult Children
If your new spouse remarries or has their own children, ensure your children's inheritance is protected:
- Use a Trust: "Life interest trust" ensures assets eventually reach your children, not your spouse's new family
- Name them explicitly: "To my son John and my daughter Sarah" — don't say "to my children" (new spouse's children might claim they're included)
- Consider specific gifts: "The family home to be held in trust for my spouse for life, then to John and Sarah"
- Lock down digital assets: Include instructions for online accounts, cryptocurrency, and email access
What Happens If You Don't Update Your Will?
Common consequences of remarrying without updating your Will:
| Scenario | Likely outcome |
|---|---|
| You have a Will from a previous marriage, then remarry | Your new Will is automatically revoked. Old Will becomes void. You die intestate under new intestacy rules. |
| You have a young child with your new spouse | Child is entitled to inherit under intestacy rules, even if your old Will excluded them |
| Your new spouse and adult children disagree | Legal disputes, court cases, costs, delays, family breakdown |
| Your new spouse remarries after your death | Assets may pass to their new family instead of your children (if you didn't use a trust) |
Make Your New Will Today
Protect both your new spouse and your children. A professionally drafted Will is just £69 with Clear Legacy — includes expert guidance for blended families.
Create Your Will Now →Frequently Asked Questions
Can I leave money to my children in a trust and my spouse gets it after they die?
Yes, this is called a "life interest trust" or "trust in Will". Your spouse receives income and use of assets during their lifetime, then assets pass to your children. This is very common in second marriages and works well.
What if I want to treat my new spouse's children fairly too?
You can — there's no rule against it. Many blended families include step-children in their Wills. Be clear about who is who: "To my stepson Michael" is clearer than "to my children".
Does my new spouse have automatic inheritance rights?
Not automatically — it depends on your Will or intestacy rules. Your new spouse is entitled to a share under intestacy, but not more. To protect them, make a Will.
Can I change my Will after remarriage?
Yes, you can make a new Will or a Deed of Variation (amendment) at any time. But make the new Will immediately after remarriage — don't delay.
What if my adult children contest my new Will?
They can challenge it on specific legal grounds (undue influence, lack of capacity, or inadequate provision under the Inheritance Act). If your Will was made with proper legal advice and is fair, challenges rarely succeed.