It is increasingly common for families to delay getting married or entering into a civil partnership for one reason or another. Historically, this may have resulted in some confusion and uncertainty in terms of how this affected you in making a Will.
The legal position concerning marriage and Wills is very clear. Section 18 of the Wills Act 1837 marriage revokes a Will. Similarly, entering into a civil partnership revokes a Will under section 18B of the Wills Act 1837.
Therefore a person who marries 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.
Section 18 of the Wills Act 1837 sets out the relevant rules regarding these:
The person to whom the testator (i.e. the person making the will) intends to marry must be named;
(in the case of Court v Despallieres [2009] EWHC 3340 (Ch)] it was held that the Will had been revoked as the testator had not named the person he was intending to enter into a civil partnership with and for this reason, the civil partnership revoked his Will);
The named 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’;
(in the case of Re Gray’s Estate [1963]) the testator married his wife 25 years after making his Will. In this case, it was found that the Will was not made in contemplation of marriage because of the length of time that had lapsed);
There must be an express intention from the testator that the Will shall not be revoked by the marriage or civil partnership.
It is therefore important for couples who have either got married without subsequently updating the Wills, or who are considering getting married, to review their Wills.