Wills after remarriage or civil partnership: planning for your family’s future

27th May 2026

Author: Samuel Dale

Getting married or entering into a new civil partnership again is a happy and important step, but it can also make Will planning more complicated. This is especially true if you have children from a previous relationship and want to make sure your new spouse or civil partner is provided for, while also protecting your children’s inheritance.

Estates do not always pass how people expect. In a second marriage or civil partnership, that may not be the case. Old Wills, jointly owned property, standard mirror Wills and the Intestacy Rules can all lead to unintended outcomes if your arrangements have not been reviewed.

Samuel Dale, Wills, Trusts and Estates specialist, explains why careful Will planning matters for second marriages, civil partnerships and blended families.

What happens if you die without a valid Will?

If you die without a valid Will, the Intestacy Rules dictate who inherits your estate. These rules may not reflect what you would have wanted.

If you are married or in a civil partnership and have children, your spouse or civil partner will usually receive your personal belongings, the statutory legacy, which is currently the first £322,000 of your estate, and half of anything left over. Your children will share the other half of the remaining estate.

Depending on the value and structure of your estate, this can mean your children receive much less than you intended or, in some cases, nothing.

There is also a further risk. If your spouse or civil partner inherits from you and then dies later, their estate may pass under their own Will or under the Intestacy Rules. This could mean that assets which originally came from you pass to your spouse’s or civil partner’s family or beneficiaries rather than to your children.

This is one of the reasons why making a Will is particularly important when you are in a second marriage or civil partnership or have children from a previous relationship.

Does marriage or a civil partnership cancel an existing Will?

In most cases, yes. Marriage usually revokes, or cancels, an existing Will unless that Will was specifically prepared in contemplation of that marriage. The same general point applies when you enter into a civil partnership. If you made a Will after your divorce or separation but before your new marriage or civil partnership, it may no longer be valid. If you do not make a new Will, your estate may pass under the Intestacy Rules instead.

If you are planning to marry or enter into a civil partnership, it is sensible to review your Will before the ceremony takes place. A Solicitor can prepare the Will so that it remains valid after the marriage or civil partnership if that is what you want.

In May 2025, The Law Commission published its final report on Wills reform and recommended abolishing the rule that marriage/civil partnership automatically revokes a Will. The current Government welcomed the report and said it will give it detailed consideration, but no changes have yet been made. For now, anyone planning to marry or enter into a civil partnership should still take advice before doing so.

Why standard mirror Wills may not be enough

Mirror Wills are often used by couples who want to leave everything to each other and then to their children after the second death. They can work well in some situations, but they may not be suitable for blended families.

The difficulty is that after the first person dies, the survivor is free to change their own Will. Even where there is complete trust between you, circumstances can change. The survivor may remarry, enter into a civil partnership, fall out with certain family members, need care or face financial pressure.

If everything passes outright to your new spouse or civil partner, your children may have no guarantee that they will inherit later. This is not about assuming the worst. It is about making sure your wishes are clear and that the people you care about are protected as far as possible.

Can you leave everything to your children?

Some people decide that they want their estate to pass straight to their children, particularly where their spouse or civil partner has assets of their own. That can be an option, but it needs careful advice.

A surviving spouse or civil partner may be able to bring a claim against the estate if they believe reasonable financial provision has not been made for them. Whether such a claim could be made and whether it would succeed will depend on the facts, including the length of the marriage or civil partnership, each person’s financial position, any promises made and the needs of the beneficiaries.

For this reason, it is important not only to decide who should inherit, but also to record your reasoning and prepare the Will in a way that reduces the risk of future dispute.

How a Will trust can help

A Will trust can sometimes provide a balanced solution. It can allow your spouse or civil partner to benefit from certain assets during their lifetime, while preserving those assets for your children or other chosen beneficiaries later.

For example, a life interest trust may allow your spouse or civil partner to live in the family home after your death. When they later die, your share of the property can pass to your children. In other cases, a trust may allow your spouse or civil partner to receive income from investments, with the underlying capital passing to your children in due course.

This can be particularly useful where you want to provide security for your spouse or civil partner, but you do not want your share of the estate to pass entirely under their future Will.

Trusts are not a one-size-fits-all answer. The right approach will depend on your assets, your family relationships, how your property is owned, tax considerations and any care fee concerns. If you own property jointly, you may also need advice on whether it is held as joint tenants or tenants in common, as this can affect whether your share can pass under your Will.

When should you review your Will?

You should consider reviewing your Will if you are planning to remarry or enter into a civil partnership, have recently done so, have divorced or separated, have children from a previous relationship, own property jointly or want to protect assets for different branches of your family.

You should also review your Will if your spouse or civil partner has their own children, if you have received an inheritance, if you own a business or farm or if there are family circumstances which could give rise to disagreement after your death.

A well-drafted Will can give clarity to those you leave behind. It can also help reduce the risk of misunderstanding at an already difficult time.

Speak to our Wills, Trusts and Estates Team

At Butcher & Barlow, we understand that conversations about Wills, second marriages, civil partnerships and family inheritance can feel sensitive. Our role is to listen, explain your options clearly and help you make decisions that reflect your wishes and your family circumstances.

If you are entering a second marriage or civil partnership, have remarried or are concerned that your existing Will may no longer protect the people you care about, please contact our Wills, Trusts and Estates Team. We will guide you through your options and help you put the right arrangements in place.

Samuel can be contacted at sdale@butcher-barlow.co.uk or on 01270 762521.

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.