A wedding is one of life’s milestones, celebrated as a new beginning; however, in the UK, there is a significant legal consequence: marriage automatically cancels an existing will. This can leave families facing outcomes far removed from what the deceased intended.
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This principle applies unless the will was specifically made in contemplation of the marriage or the testator made it clear they did not intend to revoke the will.
A cautionary tale
Take the case of a woman who, after remarrying at 46, tragically passed away without updating her will. Her previous will had clearly stated that her daughter should inherit her estate; however, as marriage revoked this document, the law treated her as if she had no will at all. This meant the rules of intestacy applied, under which her new husband inherited the first £322,000, with the remainder divided between her husband and her daughter. The result left the daughter with far less than her mother had planned.
The 2023 High Court case Lattimer v Karamanoli reaffirmed the principle. Such cases are rare in the courts of England and Wales, but any London law firm will be fully aware of the difficulties in this area of law. Many law firms, such as https://www.forsters.co.uk, provide advice on how marriage affects wills and estate planning.
Possible protections
Although there are potential legal remedies, such as contesting the estate or applying a deed of variation, these options can be costly, stressful, and uncertain. Trusting loved ones to ‘do the right thing’ is no substitute for a properly updated will.