Does Getting Married Affect A Will?

Written by Tanya Waterworth, Digital Content Writer

About Our Legal Expert: This content is produced with oversight by Michael Jefferies, Managing Director who has over 30 years’ legal experience.

The Risks of Not Updating A Will and How Probate Disputes Arise

Getting married is one of life’s biggest milestones with a lot of attention on the day of celebration, but how does getting married affect a will? Marriage has a powerful legal effect on your estate and if you’re entering a second marriage, the stakes are higher. Children from a first marriage, a new spouse and step-families can trigger contentious probate disputes. If a deceased’s will is outdated or invalid, the outcome can have a profound impact on families left behind. It may often fuel family tensions and leave loved ones fighting over what was ‘meant to happen’.

So, if you are a beneficiary involved in this type of probate dispute, this blog discusses what marriage means when it comes to making a will and what it may mean for you. Firstly, we work with highly experienced contentious probate lawyers who can help as these cases can be complex.

Marriage Automatically Cancels A Will

The most important rule is also the simplest: In England and Wales, marriage automatically revokes an existing will, unless the will was made in contemplation of that specific marriage.

So what does this mean? Let’s explain:

• If a person had a will before they got married, it is almost certainly no longer valid.
• If that person died without making a new will, the intestacy rules decide who inherits.
• The new spouse moves to the front of the queue, whether that reflects the deceased’s wishes or not.

Many people don’t realise this as they may often simply assume their old will still stands, especially if it was carefully drafted years earlier. But the law treats marriage as a major life change and it basically wipes the slate clean.

This is where problems can begin.

How Intestacy Rules Can Trigger Probate Disputes

When a will is revoked and no new will is made, the intestacy rules apply. These rules prioritise spouses and biological children, but it may seem to be not always in a way that feels balanced or fair.

Under the intestacy rules in England and Wales (post-July 2023), where the deceased leaves a spouse and issue, the spouse receives personal possessions, the statutory legacy of £322,000, and half of the residue, with the remainder going to the issue. This formula may work for some families, but it can have a huge impact on others.

Common dispute triggers can include:

• Children feeling pushed aside when a new spouse inherits the bulk of the estate.
• A spouse inheriting assets the deceased intended for children from a previous relationship.
• Step‑children receiving nothing at all, because intestacy doesn’t recognise them.
• A new spouse inheriting the family home, leaving children feeling displaced or disinherited.

These disputes often create a high level of emotional tensions in a family. People aren’t just arguing about money, essentially they’re arguing about identity, belonging, and promises made during a lifetime.

Second Marriages: A Perfect Storm for Probate Conflict

Second marriages create some of the most contentious probate disputes in England and Wales and the dynamics are complex.

Scenario: A Will Favouring a New Spouse

Imagine this situation:

• A man remarries later in life.
• He writes a new will leaving everything to his new wife.
• His children from his first marriage are excluded, either intentionally or because he assumed the new spouse would “do the right thing”.
• When he dies, the children discover they have been left out entirely.

This is a classic trigger for a claim under the Inheritance (Provision for Family and Dependants) Act 1975. Children will argue that the will fails to make “reasonable financial provision” for them.

Why these disputes escalate

1. Children often feel replaced or forgotten: Exclusion from a will can feel like a rejection, even if the parent had good intentions.

2. The new spouse may feel attacked or blamed: They may believe they are simply following the deceased’s wishes.

3. Assets may be tied up in the marital home: If the new spouse inherits the house, children may feel they’ve lost their family home forever.

4. Promises and expectations collide. Children may say, “Dad always told us the house would come to us.” The spouse may say, “He wanted me to be secure.”

In our experience, these cases are not simply about what the law says, they’re about emotion, memory, and competing versions of the truth.

Wills Made “In Contemplation of Marriage”

There is one important exception to the rule that marriage revokes a will.

A will can survive marriage if it was made “in contemplation of marriage” to a specific person.

This must be:

• Explicitly stated in the will
• Linked to the person you are marrying
• Made before the marriage takes place

This clause is often used when couples want to protect children from previous relationships or ensure assets pass in a particular way.

However, many people don’t know this option exists, and they marry without updating their will which can leave their estate exposed to disputes later.

Small Details That Can Make a Big Difference

The following points are worth knowing if you’re involved in a will dispute:

• Joint assets pass outside the will. Many people assume their will controls everything, but joint property usually passes automatically to the surviving owner.
• Step‑children have no automatic inheritance rights. Unless adopted or named in a will, they receive nothing under intestacy.
• Promises made verbally can fuel disputes. They rarely override a will, but they may support claims under the 1975 Act.
• Excluding a child is legally possible. Courts can intervene if the exclusion leaves them without reasonable provision.

FAQs About How Marriage Affects a Will

Does marriage cancel my will in the England and Wales?

Yes. Unless the will was made “in contemplation of marriage”, it is automatically revoked.

What happens if I die without making a new will?

The intestacy rules decide who inherits, usually prioritising your spouse and biological children.

Can my children challenge a will that leaves everything to my new spouse?

Potentially, yes. Under the Inheritance Act 1975, children can claim reasonable financial provision.

Can I protect my children from a previous marriage?

Yes, a carefully drafted will can safeguard their inheritance.

Does my spouse automatically get the house?

Not always, it really depends on ownership structure, the will, and the intestacy rules.

What To Do Next?

If you are involved in a contentious probate challenge, your best bet is to consult with specialist solicitor as early as possible regarding your next steps. We have found with second marriages and blended families, expectations between family members can collide and cause a huge amount of emotional stress for all concerned.

Our team partners with probate experts who can help you through the process.

Contact us today at 0333 358 3034 or complete our online contact form to arrange an initial, no-obligation telephone consultation.