Quick answer
If your spouse, civil partner or long-term partner remarries after you die, their new marriage may revoke their existing Will unless it was made in contemplation of that marriage. If you left assets to them outright, those assets may form part of their estate and could later pass to their new spouse or other beneficiaries, rather than to the people you originally wanted to benefit.
This can be especially important if you expected your children or chosen beneficiaries to inherit after your partner’s death.
A professionally drafted Will, suitable property ownership and trust planning can help you provide for your partner while giving you more control over what happens to your share of the estate later.
This article provides general information for England and Wales and should not be treated as legal advice. The right approach will depend on your family circumstances, assets and wishes.
Why does remarriage matter after someone dies?
Many couples make Wills based on what they both want to happen at the time. For example, you may decide to leave everything to your spouse, civil partner or long-term partner, with the understanding that whatever is left will eventually pass to your children or chosen beneficiaries.
This can feel simple and fair, especially if you trust your partner completely.
The difficulty is that life can change after your death. Your surviving partner may form a new relationship, remarry, make a new Will, or have different financial responsibilities later in life.
If your assets have passed to them outright, they will usually become part of their estate. This means they may be able to leave those assets to someone else, including a new spouse, their own children, stepchildren, friends or other beneficiaries.
This is one way your chosen beneficiaries can unintentionally miss out on the inheritance you hoped they would receive.
For a broader explanation of this risk, read our guide to sideways disinheritance.
Does remarriage cancel a Will?
In England and Wales, getting married or entering a civil partnership generally revokes an existing Will, unless the Will was specifically made in contemplation of that marriage or civil partnership.
This can have significant consequences.
For example, your partner may have a Will that leaves their estate to your children after they die. However, if they remarry after your death, that Will may no longer be valid unless it was prepared with that future marriage in mind.
If they do not make a new valid Will after remarrying, their estate may be distributed under the intestacy rules instead. That could mean their new spouse or civil partner inherits some or all of their estate, depending on their family circumstances and the value of the estate.
This is why remarriage can create a risk where one partner wants to protect both a surviving partner and the people they want to benefit later.
Could my chosen beneficiaries lose their inheritance if my partner remarries?
They could, depending on how your estate plan is structured.
If you leave your estate outright to your partner, your chosen beneficiaries do not usually have automatic control over what happens to those assets later. Your partner may choose to leave assets to the people you had in mind, but they may also choose differently.
The inheritance you hoped to leave could be affected if:
- Your partner remarries
- Your partner’s existing Will is revoked by marriage
- Your partner makes a new Will after your death
- Your partner leaves assets to their new spouse or partner
- Your partner dies without a valid Will
- The family home passes automatically to your partner
- Your partner’s circumstances change due to care needs, debt or family disputes
This does not mean your partner would necessarily do anything wrong. They may fully intend to follow your wishes. However, without the right legal structure, those wishes may not be protected if circumstances change.
Example: what could happen if your partner remarries
Imagine Mark and Helen are married. Mark has two children from a previous relationship. Helen does not have children.
Mark and Helen make simple Mirror Wills. Their Wills leave everything to each other first, and then to Mark’s children after they have both died.
Mark dies first, so his estate passes to Helen. A few years later, Helen remarries. Her previous Will may be revoked by that marriage. If she does not make a new Will, her estate could pass under the intestacy rules.
This means some or all of the assets Mark originally left to Helen could eventually pass to Helen’s new spouse rather than to Mark’s children.
This is the type of situation many people want to avoid when planning their Will.
What happens to the family home if my partner remarries?
The family home is often the biggest concern.
What happens to your share of the property will depend partly on how the home is owned.
If you own the property as joint tenants, your share will usually pass automatically to the surviving owner when you die. This happens outside your Will. Once your partner owns the whole property, they may be able to decide what happens to it in the future.
For example, if you own your home as joint tenants, your share may pass automatically to your partner when you die. If they later remarry, the whole property may form part of their estate unless other planning is in place.
If you own the property as tenants in common, you each own a defined share. This means your share can be dealt with through your Will. In some cases, your share may be placed into a trust so your partner can continue living in the property, while your share is still dealt with in line with your wishes later.
This can be particularly important if you want your partner to have security, but you also want your children or other beneficiaries to benefit from your share of the home in the future.
Read more about severance of tenancy and the difference between joint tenants and tenants in common, or watch our video on joint home ownership and estate planning.
Can Mirror Wills protect against remarriage after death?
Mirror Wills can be useful for some couples, but they may not provide enough protection if you are worried about what happens after one partner dies.
A Mirror Will usually reflects the same or similar wishes as your partner’s Will. For example, both Wills may say that everything passes to the surviving partner first, then to chosen beneficiaries after the second death.
The issue is that Mirror Wills are not usually binding on the surviving partner. After your death, your partner may be able to change their Will. If they remarry, their existing Will may also be revoked unless it was made in contemplation of that marriage.
This means Mirror Wills can set out shared intentions, but they may not stop assets being redirected later.
If you are relying on Mirror Wills, it is worth reading our guide to what a Mirror Will is and whether it is right for you.
How can I protect my partner and my chosen beneficiaries?
Many people are not trying to choose between their partner and the people they want to inherit later. They want to look after both.
You may want your partner to:
- Continue living in the family home
- Have enough income or financial security
- Be protected after your death
- Avoid immediate disruption or pressure from other beneficiaries
At the same time, you may want your chosen beneficiaries to:
- Inherit your share of the estate later
- Benefit from your property or savings in the future
- Avoid being unintentionally excluded if your partner remarries
- Have clarity over what you wanted to happen
A carefully drafted Will can help balance these priorities. The right approach will depend on your family, your assets, how your property is owned and what level of flexibility you want to include.
Could a Flexible Life Interest Trust help?
A Flexible Life Interest Trust, often called a FLIT, may help where you want to provide for your surviving partner while giving greater control over who should benefit from your estate later.
A FLIT is written into your Will. Instead of leaving certain assets directly to your partner, those assets are placed into a trust when you die. Your partner can usually benefit from the trust during their lifetime, often through income and sometimes through access to capital if the trust allows it.
After the life tenant dies, the trust will usually continue as a discretionary trust. This means the trustees can decide who should benefit, when they should benefit and to what extent, based on the terms of the trust.
This flexibility can be useful where you want your partner to be looked after, but you do not want your estate to pass outright to them with no further control.
A FLIT is not suitable for everyone. The wording of the trust, the choice of trustees and your wider circumstances all need to be considered carefully.
For more information, read our full guide to Flexible Life Interest Trusts.
Could a property trust help?
A property trust may also be worth considering if your main concern is the family home.
This type of planning can help if you want your partner to continue living in the property after your death, while also setting out what should happen to your share of the home later.
For example, your Will may allow your partner to remain in the property for their lifetime, while your share is protected for your chosen beneficiaries in the future. The exact arrangement will depend on how your property is owned and how the trust is drafted.
Property trust planning should always be considered carefully, particularly where there are concerns about future remarriage.
Find out more about how property trust planning works.
What if my partner dies without making a new Will?
If your partner remarries after your death and does not make a new valid Will, their estate may pass under the intestacy rules.
In England and Wales, the intestacy rules decide who inherits when someone dies without a valid Will. A surviving spouse or civil partner may be entitled to personal possessions, a statutory legacy and a share of the remaining estate, depending on whether the person who died had children or other descendants.
This may not reflect what you or your partner originally intended.
It can also be particularly difficult where assets from your estate pass into a new family line, rather than to the people you wanted to benefit.
This is why it is important not only to make a Will, but to make sure the structure of the Will is suitable for your circumstances.
What should I do if I am worried my partner might remarry after I die?
If you are concerned about what could happen if your partner remarries after your death, the first step is to review your current Will and property ownership.
You may want to consider:
- Whether your Will leaves assets outright to your partner
- Whether you own your home as joint tenants or tenants in common
- Whether your chosen beneficiaries are properly protected
- Whether your current Will still reflects your wishes
- Whether a trust-based Will may be appropriate
- Who should act as trustees if a trust is used
- Whether your partner would have enough financial security after your death
These decisions should be based on your personal circumstances. What works for one family may not be right for another.
How ELM Legal Services can help
At ELM Legal Services, we help clients across England and Wales make clear, carefully considered plans for the future.
We can help you review your existing Will, understand how your property ownership affects your estate and consider whether trust planning may be suitable for your circumstances.
Our team can talk you through your options in plain English, so you can make informed decisions about how best to protect the people you care about.
Contact us today for a free initial meeting.
FAQs
Is it unkind to plan for the possibility that my partner may remarry?
No. Estate planning is not about assuming the worst of your partner. It is about making sure your wishes are clear if circumstances change in the future. Many people want to provide for their partner while also making sure children, grandchildren or other chosen beneficiaries are not unintentionally left out later.
Can a verbal promise protect my children’s inheritance?
A verbal promise is unlikely to offer reliable protection on its own. Even if your partner genuinely intends to follow your wishes, their circumstances may change after your death. It is much safer to put your wishes into a professionally drafted Will and take advice on whether trust planning is appropriate.
Can I choose trustees who are not family members?
Yes, depending on the type of trust used, you can usually choose appropriate trustees to manage the trust after your death. Some people choose family members, close friends or professional trustees. The right choice is important because trustees may have significant responsibility for how the trust is managed.
What if my partner needs money from the trust after I die?
This depends on how the trust is written. Some trusts allow a surviving partner to receive income, live in a property, or access capital in certain circumstances. This is why the wording of the Will and trust needs to reflect both your partner’s needs and your wider wishes.
Can I change my Will now if I am worried about this?
Yes, provided you have the mental capacity to make or update a Will. If your circumstances or concerns have changed, it is sensible to review your existing Will and check whether it still gives the right level of protection for your family.