Most people know they should update their will after a major life event. What far fewer people know is that they may not need to update it — because marriage automatically revokes it. Under section 18 of the Wills Act 1837, any will made before a wedding is automatically cancelled the moment the marriage takes place. If you remarry without making a new will, you die intestate — and the intestacy rules may leave the children of your first marriage with nothing.
The Legal Rule: Wills Act 1837, Section 18
Section 18 of the Wills Act 1837 provides that a will is revoked by the subsequent marriage of the testator. This is an absolute rule — it does not matter how recently the will was made, how carefully it was drafted, or whether it was made in contemplation of the marriage. The moment the marriage ceremony is complete, the will ceases to exist.
There is one exception: a will made 'in contemplation of marriage' to a specific person can survive the marriage if it expressly states that it is made in contemplation of that marriage. This is a narrow exception that requires specific drafting — it is not enough to simply make a will shortly before the wedding.
What Happens Under Intestacy After Remarriage?
If you die without a valid will, the intestacy rules under the Administration of Estates Act 1925 determine who inherits your estate. For a married person with children, the rules work as follows: your spouse receives the first £322,000 of your estate (the statutory legacy) plus all personal chattels. The remainder is split equally — half to the spouse, half to the children. But there is a critical trap: if your home is held as joint tenants with your new spouse, it passes to them automatically by survivorship — outside the estate entirely. The children of your first marriage may receive nothing.
The Richard Reynolds Case Study: £415,000 vs £0
Richard (68) has two adult children from his first marriage: Amy and Ben. He married Carol (60) four years ago. Carol has one child, Dan. Richard's estate comprises: home £650,000 (held as joint tenants with Carol); savings £180,000; pension £120,000 (Carol nominated as beneficiary). Total estate approximately £950,000.
Without Updated Wills: Amy and Ben Receive £0
Richard's old will — leaving everything to Amy and Ben — was automatically revoked when he married Carol. He has not made a new will. When Richard dies: the home passes to Carol automatically via the joint tenancy (outside the estate); the savings of £180,000 pass entirely to Carol under her statutory legacy of up to £322,000; the pension goes to Carol as nominated beneficiary. Carol later leaves everything to Dan. Amy and Ben receive nothing from their father's estate.
With a Life Interest Trust Will: Amy and Ben Receive £415,000
Richard takes advice and puts a life interest trust will in place. The joint tenancy is severed — Richard and Carol now each own a half-share as tenants in common. Richard's will places his half-share (£325,000) into a life interest trust on his death. Carol receives the right to live in the home for the rest of her life, plus a direct legacy of £90,000 from the savings. On Carol's death, the trust capital — Richard's half of the home, now worth £415,000 or more — releases to Amy and Ben. Carol's own estate (her half of the home plus her remaining assets) passes to Dan.
The difference for Amy and Ben: £415,000 versus £0. Both outcomes arise from the same estate. The only difference is whether Richard took advice.
How a Life Interest Trust Will Works
A life interest trust will is a will that places assets — typically the deceased's share of the family home — into a trust on death. The surviving spouse has a life interest: the right to live in the property for the rest of their life. But they do not own the deceased's share. That share is held by trustees for the ultimate benefit of the children from the first marriage.
- Carol cannot sell the property without the trustees' consent — Richard's share is protected
- Carol cannot redirect Richard's share to Dan or a future partner — it is locked for Amy and Ben
- Carol has full security — she cannot be evicted and can live in the home for life
- Trustees can release capital to Carol in genuine hardship — protection alongside humanity
- On Carol's death, the trust capital passes to Amy and Ben as Richard intended
What If You Are Planning to Remarry?
If you are engaged or planning to remarry, you should take legal advice before the wedding. A will made in contemplation of the specific marriage can survive the ceremony — but it must be drafted correctly and must expressly state that it is made in contemplation of that marriage. This is not something to leave to chance or to a DIY will kit.
What If You Have Already Remarried Without Updating Your Will?
If you have already remarried and have not made a new will, you are currently intestate. Your estate will pass under the intestacy rules — which may not reflect your wishes at all. The solution is straightforward: make a new will as soon as possible. A life interest trust will can protect both your new spouse and the children of your first marriage simultaneously.
Three Things to Do After Remarriage
- Make a new will immediately — your old will is revoked; you are currently intestate if you have not already done this
- Sever the joint tenancy — convert your home from joint tenants to tenants in common so that your share can be placed into a trust by your will
- Update pension nominations — pensions do not pass by will; if your pension nomination still names your first spouse or is out of date, update it now