The will cancelled by a wedding

Updated 14 November 2026

Gary and Lisa did everything "properly". When they bought their house in Newcastle, they made wills leaving everything to each other. Five years later they married. They had no idea the wedding had cancelled both wills.

What happened

Gary died in a road accident two years later. Because his will had been cancelled, the intestacy rules applied. As his wife, Lisa received his belongings, the first £322,000 and half of the rest. But Gary also had a daughter from a previous relationship, who received the other half outright, at 19.

Lisa and Gary had planned to provide for his daughter in a different way, through a life insurance policy. Instead, Lisa had to borrow against the house to pay her stepdaughter's share.

The lesson

In England and Wales, marriage cancels a will unless it was made in expectation of that marriage. The Law Commission has recommended changing this, but for now the rule still applies. Make new wills when you marry.

Got married since you made your will? Read does marriage cancel a will or talk to a specialist.

This story is illustrative, based on common situations. Names and details are invented.

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