Most people have no idea that getting married or forming a civil partnership automatically cancels any will they made before. If they don't make a new one, the intestacy rules apply as if they never had a will.
Why it matters
Couples who've lived together for years often make wills, then marry later. The wedding quietly cancels both wills. If one then dies, their children from a previous relationship, or anyone else they'd provided for, may lose out.
Predatory marriage
The rule can be exploited. Someone marries a vulnerable older person, often one with dementia, and the marriage cancels their will. When they die, the new spouse inherits under the intestacy rules. Families are often left powerless. It's one reason the Law Commission has recommended scrapping the rule.
Divorce and separation
- Divorce: your will survives, but your ex is treated as having died. Check who inherits and who your executors are now.
- Separation: nothing changes until the divorce is final. Your spouse could still inherit everything.
What to do
Make a new will when you marry, separate, divorce or have children. Our family protection check will flag it.
Getting married, separating or remarrying? Talk to a specialist.
Frequently asked questions
Is the law changing?
The Law Commission recommended in May 2025 that marriage should no longer cancel a will, partly to tackle predatory marriage. The government hasn't yet set a date to change the law, so the current rule still applies.
What does divorce do to my will?
Your will stays valid, but your former spouse is treated as if they had died on the date of the divorce. Gifts to them fail and they can't act as executor. Separation alone changes nothing.
Can I make a will before my wedding?
Yes. A will can be made 'in expectation of marriage' to a named person, so it survives the wedding.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.