Valentine’s Day is one of the most romantic days of the year to say “yes”.

If you were lucky enough to get engaged over Valentine’s weekend, congratulations. It’s an exciting, joyful milestone and the start of planning a life together. But alongside choosing venues and guest lists, there is one important legal point that often surprises couples. Marriage revokes an existing Will. Unless your Will was drafted in contemplation of marriage, it will be automatically revoked when you marry.

What does that mean in practice?

Under current law in England and Wales:

  • If you have a Will and then marry, that Will becomes invalid
  • If you die without making a new Will, you die intestate
  • Your estate is then distributed under the statutory intestacy rules

This can completely change who benefits from your estate.

For example:

  • Children from a previous relationship may not inherit as you intended
  • Specific gifts to friends, charities or family members will fail
  • Your choice of executors will no longer apply

For blended families, business owners, or anyone with assets beyond the straightforward, this can create real difficulty.

Why is this rule under review?

This rule dates back to the 19th century. It is currently under review following concerns regarding predatory marriages, particularly affecting elderly and vulnerable individuals. Reform is proposed to prevent automatic revocation, but as things stand, marriage still revokes a Will unless it was made in contemplation of marriage.

What should you do if you’ve just got engaged?

Here are the practical steps I recommend to clients:

  1. Make a Will in contemplation of marriage

If you are engaged, your solicitor can draft a Will that specifically states it is made in contemplation of marriage to your named fiancé(e). This means your Will remains valid after the wedding.

This is often ideal where:

  • You have children already
  • You own property before marriage
  • You have family wealth you wish to protect
  • You run a business

2. Review (or make) a new Will shortly after the wedding

Even if you don’t make one beforehand, you should make a new Will as soon as possible after marriage.

This ensures:

  • Your spouse is protected
  • Children (including from previous relationships) are provided for properly
  • Your estate planning remains tax efficient

3. Consider Lasting Powers of Attorney (LPAs)

Marriage does not automatically give your spouse authority to deal with your finances or make health decisions if you lose capacity.

You should consider putting in place:

  • A Property & Financial Affairs LPA
  • A Health & Welfare LPA

This is particularly important for young couples buying property together or taking on financial commitments.

4. Review property ownership

If you own property, check whether you hold it:

  • As joint tenants, or
  • As tenants in common

Your Will interacts differently with each structure. Engagement is often the right moment to review this.

5. Think about wider Estate Planning

Engagement is often the first-time couples seriously think about:

  • Inheritance tax planning
  • Protecting assets for children
  • Trust planning
  • Business succession

Love Is romantic. Planning is protective.

Valentine’s Day proposals are magical. But the most loving thing you can do for each other is ensure that if the worst were to happen, your partner and your family are protected. If you have recently become engaged, or are planning to, this is the perfect time to take advice.

If you would like to review your Will or discuss making one in contemplation of marriage, our Private Client team would be delighted to help.