Recently married? Your old will may no longer exist
Congratulations — but be warned: in England and Wales, marriage automatically revokes (cancels) any will you made before it (unless the will was made in express contemplation of that marriage). So if you had a will before the wedding, you're likely now treated as having no will at all, and the intestacy rules would apply. Making a new will fixes it.
What this means for you
The risk
Most people don't know that marriage wipes out an earlier will (section 18, Wills Act 1837). Couples often think their pre-wedding wishes still stand — they usually don't.
What happens without a (new) will
- Your old will is revoked by the marriage — it no longer counts.
- The intestacy rules decide who inherits, which may not match your wishes (a spouse doesn't automatically get everything once there are children).
- Anyone you'd named in the old will — perhaps from a previous relationship — may lose out entirely.
What happens with a new will
- Your wishes as a married couple are recorded properly.
- You can provide for your spouse and children from any previous relationship.
- You appoint executors and, if needed, guardians.
How ClearLegacy helps
ClearLegacy makes the replacement will simple — a guided online questionnaire for England & Wales, often completed in one sitting, so your post-marriage wishes are valid and clear.
Mark made a will leaving everything to his daughter, then married Lucy a year later. The marriage revoked that will. When Mark dies, intestacy — not his old will — applies, splitting his estate between Lucy and his daughter in fixed shares. A new will after the wedding would have set out exactly what he wanted.
Frequently asked questions
Does getting married cancel my will?
Usually yes. In England and Wales marriage automatically revokes an existing will, unless the will was made in express contemplation of that marriage. After marrying you normally need to make a new will.
What if I don't make a new will after marrying?
Your old will is revoked, so you're treated as having no will, and the intestacy rules decide who inherits. That may not leave everything to your spouse where there are children.
- Complete the questionnaireA few guided questions about you, your family and your wishes.
- Review and confirmYou review and confirm your answers before anything is finalised.
- Receive your documentsYour will and supporting paperwork are produced, ready to print.
- Sign correctlyClear instructions on signing and witnessing so the will is legally valid.
- Protect your familyYour wishes are recorded and your loved ones are spared the intestacy default.
Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
Protect your family — start your will today.
ClearLegacy guides you through a valid England & Wales will online, clearly and affordably.
Start your will