Recently married? Your old Will may no longer exist
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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.
Your old Will has gone. Replace it today
- Mirror Wills: two matching Wills from one set of answers, about 15 minutes.
- The first draft is emailed straight after payment. The final Wills are issued once they have passed ClearLegacy’s checks, usually within 24 hours.
- Signing instructions come with them. Valid in England & Wales once signed.
£99 for Mirror Wills (both of you) · fixed fee · England & Wales · one free update included
Just one of you? A Single Will is £69 →
Not married yet? See making a Will before you get married.
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. Lucy takes his personal belongings, the first £322,000 and half of the rest. His daughter takes the other half. A new Will after the wedding would have set out exactly what he wanted.
How marriage changes your inheritance tax position
Marriage does more than cancel an old Will. It also opens up inheritance tax reliefs that unmarried couples do not get. The same rules apply to civil partners. Forming a civil partnership also revokes an earlier Will in the same way as marriage.
- Spouse exemption. Anything you leave to your husband, wife or civil partner is free of inheritance tax, however large.
- Transferable allowances. Each person has a nil-rate band of £325,000 and, when a home passes to children or grandchildren, a residence nil-rate band of £175,000. Whatever is unused on the first death can pass to the survivor, so a couple can leave up to £1m free of tax. The residence band tapers away for estates over £2m.
- Both bands are frozen until 5 April 2031.
From 6 April 2027 most unused pension funds and death benefits will also count towards an estate for inheritance tax, so it is worth updating pension nominations at the same time as your Will. If either of you has children from an earlier relationship, the new Will is also where you decide how to balance your spouse and those children.
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) and section 18 (revocation by marriage or civil partnership) — 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
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