Does marriage or divorce change a will in England and Wales?

Under section 18 of the Wills Act 1837, a will is revoked by the person's later marriage. Section 18B says the same for a later civil partnership.

There is an exception. If the will shows that the person expected to marry a particular person and meant the will to survive that marriage, it is not revoked. If it shows they meant only certain gifts to survive, those gifts take effect. The wording of the will has to show this, so it is worth stating the expectation plainly when a client is about to marry.

Divorce does not revoke a will. Under section 18A, once a marriage is dissolved or annulled, any gift to the former spouse passes as if they had died on that date, and any appointment of them as executor or trustee takes effect as if they had died. Section 18C gives the equivalent rule when a civil partnership ends.

Both rules apply unless a contrary intention appears in the will. Separation on its own changes nothing, because the rule is triggered by the dissolution or annulment.

Section 18A keeps the former spouse's right to apply for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. A will that treats them as predeceased does not, by itself, close off a claim.

• Wills Act 1837, section 18
• Wills Act 1837, section 18A
• Wills Act 1837, section 18B