The legal position concerning marriage and Wills is very clear. Marriage or entering into a civil partnership revokes a Will.
A person who marries or enters a civil partnership and doesn’t subsequently update their Will will be deemed to have died ‘intestate’. The only exception to this is where a Will contains a ‘contemplation of marriage’ clause.
A Will in Contemplation of Marriage means your subsequent marriage will not revoke the Will. This is particularly important where you have children from a previous relationship, for example.
The person the testator intends to marry must be named.
The marriage or civil partnership must be imminent. You can’t claim that you one day intend to marry, as it must be planned and happen within a ‘reasonable period’.
There must be an express intention from the testator that the Will shall not be revoked by the marriage or civil partnership.
It is important for couples who have either got married without subsequently updating the Wills, or who are considering getting married, to review their Wills.