Getting Married - Do I Need a Will?

If you're getting married, congratulations! But before you walk down the aisle, there's something important you need to know about wills.

Marriage revokes your will

Here's the crucial point: getting married automatically cancels any existing will you have. This is the law in England and Wales. When you marry, any will you made before becomes invalid.

What this means

If you die after getting married without making a new will:

• Your estate will be distributed under the intestacy rules
• Your spouse will inherit, but maybe not everything
• If you have children from a previous relationship, they may inherit less than you intended
• Any gifts you'd made in your old will won't happen

Making a will before marriage

You can make a will "in contemplation of marriage" - this means it won't be revoked when you marry. To do this, the will must specifically state that it's made in expectation of your marriage to a named person.

After you're married

If you're already married, you should have a will that:

• Reflects your wishes as a married couple
• Takes advantage of tax reliefs available to spouses
• Considers what happens if you both die together
• Protects any children from previous relationships

Mirror wills for couples

Many married couples choose mirror wills - matching wills that leave everything to each other, then to children or other beneficiaries if both have died. These are simpler and more cost-effective than having completely different wills.

Things to discuss

• Who inherits if you both die?
• Do you want to leave anything to people outside your marriage?
• Who should look after any children?
• Who will be your executors?
• Have you considered making a Lasting Power of Attorney at the same time?