Quick answer
In England and Wales, marriage or civil partnership typically revokes an earlier will entirely unless it includes a specific clause anticipating the union. This means your estate may be distributed according to the intestacy rules rather than your original wishes, potentially leaving a surviving spouse with only the first £322,000 of your estate (the current nil-rate band for 2024/25) plus half of anything above that amount, depending on whether you have children. You should generally update your will before or immediately after the ceremony to reflect your changed circumstances, protect your beneficiaries, and potentially optimise your inheritance tax position ahead of the 7-year rule for gifts. This guide explains how marriage and civil partnership affect your existing will in 2024/25, the practical steps to update your arrangements, and key inheritance tax thresholds to consider.
Last reviewed: 24 May 2026 by the MP Estate Planning editorial team. Jurisdiction: England and Wales. Scotland and Northern Ireland have different probate and intestacy rules; the IHT thresholds are UK-wide.
Three rule changes you may need to consider (2026/27)
1. Pensions become subject to IHT from 6 April 2027. Most unused defined-contribution pension pots currently sit outside the estate for IHT — that ends on 6 April 2027 (gov.uk policy paper). HMRC estimates around 10,500 estates will face IHT for the first time as a result.
2. Business and agricultural property reliefs capped at £2.5m per person from 6 April 2026. Above the cap, only 50% relief applies — effective IHT of 20%. AIM shares dropped to 50% relief and do not use the £2.5m allowance (Saffery — APR/BPR reforms).
3. The NRB, RNRB and £2m taper threshold are frozen until 5 April 2031 following the 2024 and 2025 Budgets (gov.uk — NRB and RNRB freeze). With inflation, more estates will be pulled into IHT each year — a process commonly called “fiscal drag.”
We help homeowners protect the people they love. A formal union can quietly alter earlier plans, leaving savings and the family home at risk if no action is taken.
This short guide explains in clear terms how the law treats an existing testament when you get married or enter a civil partnership. We focus on real concerns: who inherits the house, how pension pots are handled and the practical steps to set matters right.
Timing matters. We explain what happens before the ceremony, what changes at the moment of legal union and when to review plans again as life moves on.
For plain, practical information and sensible next steps, see our detailed note on changing your will after marriage or civil partnership.
Key Takeaways
- Marriage or a civil partnership can unintentionally revoke an earlier testament.
- Small steps often protect the home and household finances.
- Timing matters — check documents before and soon after the ceremony.
- Complex family situations need tailored legal advice.
- We offer plain guidance to reduce stress and protect family security.
How marriage or civil partnership affects an existing will in the UK
A legal union can quietly cancel a previously drafted testament unless specific wording saves it.
In England and Wales, the law normally revokes any testament made before a wedding or the registration of a civil partnership. The rule aims to protect a new spouse or partner by ensuring they are not cut out by an older document.
A testament can survive the ceremony if it states it was made in contemplation of that union and names the person involved. This phrase matters: it is the legal test that keeps earlier instructions valid.
The effect often catches people out. Couples make papers while engaged and then assume nothing changes on the date. Older homeowners, rapid relationships and cases where capacity is doubtful are common danger points.
Finally, the UK uses different rules in different places. Scotland and Northern Ireland treat revocation and intestacy differently. Where you live or are domiciled can change the outcome, so check local law.
If a testament is revoked and not replaced, intestacy rules decide who inherits. We explain those rules next.
What happens if you don’t update your will after getting married
If no fresh testament exists on the date a legal union is registered, the law treats the person as having died intestate. Dying intestate means there is no valid document naming beneficiaries, so a fixed legal formula decides who inherits.
How intestacy rules work
When intestacy rules apply and what “dying intestate” means
Intestacy rules apply automatically in England and Wales when no valid testament survives a union. A strict order of relations then steps in to inherit the estate.
How the estate is distributed when there is a spouse or civil partner and children
Under these rules the spouse civil partner takes property and other assets up to £322,000. Any remainder is split half to the spouse civil partner and half equally among children. Grandchildren can substitute if a child has already died.
What the £322,000 threshold can mean for property and savings
Property value, savings and ISAs often push an estate above £322,000. That can force a sale of a home or delay payments to children until funds are available.
How intestacy affects children from previous relationships and wider family
Children from earlier relationships may get less than expected because the spouse civil partner receives a expected share first. Other relatives inherit only in a set order.
When the estate could pass to the Government
If no eligible relatives exist under the rules, the full estate passes to the Government. That is rarely what people intend.
| Situation | Immediate outcome | Practical risk |
|---|---|---|
| Spouse civil partner and children | Spouse inherits £322,000 then half of remainder; children share the rest | Home sale to raise cash; reduced share for children |
| Spouse civil partner only | Spouse inherits all | Simple, but may not match earlier wishes |
| No living relatives | Estate passes to Government | Intended beneficiaries may be excluded |
Key takeaway: If you want specific people to inherit estate and property, a fresh, valid testament is usually needed to avoid the default rules intestacy imposes.
changing your will after marriage or civil partnership uk
A post-ceremony testament is the simplest way to ensure estate instructions reflect present circumstances. Making a new document reduces the risk of intestacy and keeps gifts in line with current wishes.
What people usually update first
- Executors and trustees: name (or re-name) an executor and a backup. Confirm trustees if a trust is in place.
- Guardians: appoint guardians for any children who remain minors.
- Gifts and provision: align monetary gifts and property shares with today’s assets and home arrangements.
Balancing needs
Many families want to protect a spouse civil partner so they can remain in the home, while also providing fairly for children and stepchildren. Careful drafting can create lifetime rights, trusts or staged gifts to achieve that balance.
Professional help matters
DIY wording often causes disputes later. Using a solicitor or qualified writer reduces common validity problems such as signing errors, unclear gifts and missing replacement executors. For plain guidance on when to take action, see this note on importance of updating a testament upon and further practical advice at amendments to a testament.
Complex situations that make updating your will especially important
B. Complex family setups call for a careful review of testament documents to avoid unintended outcomes.
Second unions and remarriage
Remarriage can revoke an earlier testament in England and Wales. That sudden effect can leave children from a prior relationship with little or nothing unless fresh provision is made.
Cohabiting partners
Cohabiting partners lack the automatic inheritance rights that a spouse or civil partner has. Without clear documents, a long-term partner may inherit nothing.
Divorce and dissolution
Divorce does not always cancel a testament. But gifts to a former spouse are treated as if they predeceased the testator and executor appointments can fail. That gap can create partial intestacy and delays for the family.
- Blended families: risk unintentional disinheritance of children from prior relationships.
- Practical risks: competing claims over a home, disputes and court delay.
- What ifs: think about simultaneous deaths, a beneficiary who dies first and an unavailable executor.
For timing and practical steps, see our note on the five most crucial times to update a and guidance on how marriage affects estate plans at protecting a family’s future.
Beyond the will: other documents to review after a change in relationship status
Many vital estate items sit outside a testament and need quick attention when status changes. These papers can affect who gets money and who makes decisions if a person lacks capacity.
Lasting Powers of Attorney
Who can act for you if you cannot
Make sure powers name the right person and sensible backups. That keeps decision-making consistent with family life.
Pensions, life insurance and nominations
Check forms that sit outside a testament
Pension nominations, life policies and death-in-service arrangements often pass straight to the named person. An old nomination can defeat the intentions set in a testament.
Simple checklist
- Pension nomination or expression of wish
- Life insurance beneficiaries and workplace benefits
- Lasting Powers of Attorney and registered agents
- Bank and investment account nomination details
When to review
We suggest a full review every three to five years and straight away after major life events. Big asset moves, a new home, or a different family situation can make old papers unsuitable.
Watch for legal reform
The Law Commission has noted risks linked to current revocation rules and exploitation. Reform may come, but plan on today’s rules for now. That gives people practical protection in place and cuts the chance of costly disputes.
Final thought
Checking these documents takes little time but gives significant peace of mind. Proper reviews reduce delay, protect people you care for, and keep plans working in real life.
Conclusion
An up-to-date testament helps avoid intestacy rules deciding who inherits at death. In England and Wales, a marriage or civil partnership can revoke an older document unless it was made in contemplation of that event.
If a testament lapses, intestacy may steer an estate away from the people you intend to protect. Think about a spouse, civil partner, children and any partner who lives in the property.
Next steps: review the testament, check Lasting Powers of Attorney and nomination forms, and seek professional advice for complex situations. For guidance on timing, see our note on how often to review a testament.
Putting the right paperwork in place is a small act that protects assets and reduces stress for those you care for.
FAQ
How does getting married or forming a civil partnership affect an existing will?
In England and Wales, a marriage or civil partnership usually revokes an earlier will unless it was made specifically in contemplation of that event. The rule exists to protect spouses and partners by ensuring they are not accidentally excluded. Scotland and Northern Ireland have different rules, so where you live matters. If you want provisions to stand, you must state the will was made in contemplation of the marriage or partnership, or make a new will afterwards.
What does “in contemplation of marriage or civil partnership” mean?
This phrase means the will-maker made the document because they were about to marry or enter a civil partnership. The will must clearly refer to the imminent ceremony or plans for it. If this wording is present, the will survives the marriage. Without that wording, the law treats the earlier will as revoked in many parts of the UK.
Why does this rule often catch people out and what risks does it create?
People assume an existing testament will remain valid. They forget that simply marrying can overturn their stated wishes. The main risk is unintended inheritance outcomes — close family or a new spouse may receive different shares than intended, and children or a former partner could lose out. That uncertainty can lead to family disputes and costly legal challenges after death.
How do rules differ across the UK?
England and Wales treat marriage and civil partnership as automatic revocation unless the will was made in contemplation of the event. Scotland and Northern Ireland have their own legal tests and case law. Because statutes and court decisions vary, local legal advice matters to know the precise effect on an existing testament.
What happens if someone doesn’t arrange a new will after marrying or entering a partnership?
If no valid testament covers the estate, intestacy rules apply. That means the estate is distributed according to fixed legal rules rather than the person’s wishes. This can leave partners or children with less, or exclude stepchildren entirely. It also increases the chance of disputes among relatives.
What does “dying intestate” mean and when does it apply?
Dying intestate means dying without a valid testament in place. It applies when someone dies with no will, or when a will has been revoked by marriage or other legal events. The estate then follows statutory rules that set out who inherits and in what order.
How is the estate split when there is a spouse or civil partner and children?
Under intestacy rules in England and Wales, a partner typically receives the personal possessions and a statutory sum (which has been around £322,000), plus a share of the remaining estate. Children share the leftover estate equally. Exact outcomes depend on estate value and local intestacy rules, so outcomes can vary.
What does the £322,000 threshold mean for property, savings and other assets?
That threshold is a typical statutory figure used to calculate the partner’s entitlement before the remaining estate is divided. If the estate exceeds that amount, the surplus is shared with children. This affects whether the home passes wholly to a partner or must be split to provide children with their share.
How can intestacy affect children from a previous relationship and wider family?
Intestacy can disadvantage children from prior relationships because stepchildren are usually not automatic beneficiaries. The estate may pass to biological children or other blood relatives instead, potentially leaving a current partner or stepchildren with nothing unless provisions were made in a valid testament.
When could the estate pass to the Government?
If no qualifying relatives exist under intestacy rules, the estate can pass to the Crown. This is rare but possible if there are no surviving partners, children, parents, siblings or more distant relatives who meet the legal threshold to inherit.
What steps should be taken on the day of the ceremony to reflect new wishes?
The safest approach is to make a fresh testament after the ceremony. That ensures intentions are clear and the document complies with legal formalities. Alternatively, add express wording to an existing will before the event to show it was made in contemplation of marriage or partnership.
Should executors, trustees and guardians be updated after marriage or entering a partnership?
Yes. Life changes often require new appointments. You may want a partner as executor or a different guardian for children. Updating these roles reduces friction for those left to manage the estate and ensures chosen people are legally empowered.
How can someone protect a partner while also providing for children and stepchildren?
Options include life interest trusts, family trusts or phased inheritances. These let a partner use income or benefit from the home while preserving capital for children. Trusts and clear testamentary wording help balance competing needs and reduce the risk of successful challenges.
How should gifts be aligned with current assets, property and home arrangements?
Review all assets and list who should inherit each item. Consider joint ownership, tenancy types and mortgages. If the family home is held jointly, it may pass automatically outside the testament. Regularly update the document to match the reality of property and financial arrangements.
Is it better to use a solicitor or a professional will writer to ensure validity and reduce disputes?
Using a solicitor offers legal safeguards and tailored advice for complex estates. Professional will writers can be suitable for straightforward cases but check qualifications and guarantees. For blended families or trusts, a solicitor’s expertise reduces the risk of later disputes.
How do second marriages or remarriage create special risks?
Second marriages often raise competing claims from new partners and children from earlier relationships. Without careful planning, children can be unintentionally disinherited. Clear testamentary provisions and trusts help protect all parties and set out how assets should be divided.
What about cohabiting partners — do they have automatic inheritance rights?
No. Cohabiting partners do not inherit automatically under intestacy. That makes a valid testament essential for unmarried couples who want their partner to receive assets on death.
How do divorce or dissolution affect gifts and executor appointments?
Divorce or the ending of a civil partnership often cancels gifts to a former spouse and removes them as executor under UK law. However, this does not replace the need to update the testament to reflect new wishes, especially where remarriage or children are involved.
What other documents should be reviewed after a change in relationship status?
Review Lasting Powers of Attorney, pension nomination forms and life insurance beneficiaries. These documents often sit outside a testament but determine who makes decisions and who receives benefits, so they should match testamentary plans.
When should someone review their testament again even without major life changes?
Review every few years or after significant financial changes, property purchases, births, deaths or changes in family dynamics. Regular checks keep the plan aligned with current wishes and assets, reducing future uncertainty.
Are there any emerging legal reforms or concerns to watch for?
There is growing discussion about reforming revocation rules and protecting against “predatory marriage” where a partner marries to gain control of assets. Keep an eye on legal updates and seek advice if you have concerns about vulnerability or undue influence.
How property ownership and mirror wills interact with your estate after marriage or civil partnership
Your will is only one piece of the legal picture. The way you and your spouse or civil partner own property can, in many cases, override what a will says entirely — and mirror wills, while popular with couples, carry specific risks that are worth understanding before you rely on them.
Joint tenancy versus tenancy in common: why the distinction matters
Residential property in England and Wales is typically held in one of two ways. Under a joint tenancy, both owners hold the property as a single, undivided unit. When one owner dies, the right of survivorship applies automatically: the surviving spouse or civil partner inherits the deceased’s share by operation of law, regardless of what any will says. The property does not form part of the deceased’s estate for the purposes of probate, though it may still be counted when calculating the taxable estate.
Under a tenancy in common, each owner holds a distinct, defined share — commonly 50/50, but not necessarily so. That share does pass through the deceased’s estate and can therefore be directed by a will or, in the absence of a valid will, by the intestacy rules. This distinction is particularly important in blended families, second marriages, and situations where one partner brings significantly more equity into the home.
You can check how a property is held by looking at the HM Land Registry title register. If a Form A restriction appears on the register, the property is generally held as tenants in common. If no such restriction is present, a joint tenancy is more likely, though our team would always recommend confirming this with a qualified conveyancer before drawing conclusions.
What happens to Land Registry title deeds when a joint owner dies
When a joint tenant dies, the surviving owner typically needs to update the title register to reflect sole ownership. This is done by lodging Land Registry Form DJP (Deceased Joint Proprietor) alongside an official copy of the death certificate. The process removes the deceased’s name from the register and confirms the survivor’s sole legal title. It does not require a grant of probate because, as noted above, the property passes outside the estate under the right of survivorship.
Where a property is held as tenants in common, the deceased’s share falls into the estate and cannot be transferred without a grant of probate or letters of administration. The surviving co-owner does not automatically acquire that share, even if they are a spouse or civil partner. This can create practical difficulties — particularly where the home represents the majority of the estate’s value — and is one of the stronger reasons to review your ownership structure at the same time as reviewing your will.
What mirror wills are, and why they carry specific risks for married couples
Mirror wills are two separate wills made by a couple that reflect one another in structure: each partner typically leaves everything to the other on first death, then to agreed beneficiaries — often children — on second death. They are a practical and cost-effective starting point for many couples and are entirely valid under English and Welsh law.
However, mirror wills carry disadvantages that are frequently underestimated. They are not mutually binding. Each will is a standalone legal document, and either party may revoke or rewrite their will at any time without the knowledge or consent of the other. This becomes a significant concern on remarriage: if a surviving spouse remarries, their existing mirror will is automatically revoked by that marriage under the Wills Act 1837, and any assets inherited from the first spouse may pass to the new partner rather than to the children of the first relationship.
There is no straightforward legal mechanism that prevents this outcome unless a mutual wills agreement — a more formal and legally complex arrangement — was put in place from the outset. In our experience, many couples who create mirror wills are not made aware of this distinction at the time. Reviewing ownership structures, nomination forms, and the terms of any existing mirror wills is an important part of any post-marriage estate planning appointment.
Common questions about wills, marriage, and surviving spouses
What are the disadvantages of a mirror will?
The principal disadvantage is that mirror wills offer no binding protection once one partner has died. The survivor is free to change their will without restriction, which can result in children from a first relationship being unintentionally — or intentionally — disinherited. Mirror wills also do not prevent care home fees eroding the combined estate before assets reach intended beneficiaries, and they may not be tax-efficient for larger estates. For couples with children from previous relationships or significant assets, a trust-based approach may generally offer greater protection, though the right structure depends on individual circumstances.
Do married couples need a mirror will?
Not necessarily. Mirror wills are one option among several. Some married couples prefer a single trust-based will, or choose to hold assets in ways — such as tenancies in common — that give each partner independent control over their share. What matters is that each spouse has a valid, up-to-date will that reflects their current wishes. Marriage revokes any previous will under the Wills Act 1837, so a couple who marry without making new wills may find that neither has a valid will at all, leaving the intestacy rules to govern the distribution of their estates.
Are Scottish wills different to English wills?
Yes, in important respects. Scotland has its own legal system and succession rules, which differ meaningfully from those in England and Wales. In Scotland, a surviving spouse or civil partner and any children hold prior rights and legal rights (known as ius relictae or ius relicti for a spouse, and legitim for children) that cannot be entirely excluded by a will. Marriage does not automatically revoke a Scottish will in the same way it does under English law. Anyone with property or connections in both jurisdictions should seek advice specific to each, as a single will may not adequately cover both legal systems.
Does a surviving spouse inherit everything in the UK?
Not automatically. Where there is a valid will, the estate is distributed according to its terms. Where there is no will, the intestacy rules apply, and in England and Wales these do not give the surviving spouse or civil partner an absolute entitlement to everything. Under the current intestacy rules, where the deceased leaves both a spouse and children, the survivor receives all personal possessions, a statutory legacy of £322,000, and half of anything above that threshold — with the remaining half divided equally among the children. This figure was last revised in 2023 and may be subject to future change. The full rules are set out on GOV.UK.
What is the rule of survivorship in the UK?
The rule of survivorship — more formally described as the right of survivorship — applies to property held as a joint tenancy. On the death of one joint tenant, their interest passes automatically to the surviving joint tenant or tenants by operation of law, without the need for a will or probate. This can be a useful and simple arrangement for many couples, but it also means that a joint tenant cannot leave their share of a jointly held property by will. Anyone wishing to direct their share to a specific beneficiary — for example, children from a previous relationship — would generally need to sever the joint tenancy and convert it to a tenancy in common before death. It is also worth noting that, separately, where two people die in circumstances that make it impossible to determine the order of death, English law applies a statutory commorientes rule under the Commorientes Act and related provisions, which can affect survivorship outcomes in rare cases.
Can a Deed of Variation help after a spouse or civil partner dies?
In some circumstances, yes. A Deed of Variation allows beneficiaries to redirect inherited assets — including redirecting assets away from themselves — within two years of the date of death, under section 142 of the Inheritance Tax Act 1984. For inheritance tax and capital gains tax purposes, the variation is treated as if the deceased had made that redirection in their will. This can be a useful tool where an estate has passed under intestacy rules that do not reflect what the deceased would have wished, or where the surviving spouse or civil partner inherits more than they need and wishes to pass assets directly to children in a tax-efficient way. A Deed of Variation requires the agreement of all affected beneficiaries and must meet specific legal formalities. Our team can explain whether this approach may be worth exploring in a given situation, though implementation typically requires a qualified solicitor.