Second marriages are increasingly common across the UK, often bringing together established wealth, adult children and blended families. While these relationships represent a new chapter in life, they can also create significant complexity from an estate planning perspective. In England and Wales, marriage revokes an existing will unless the will was drafted in contemplation of that specific marriage. If you do not revisit your arrangements after marriage, your estate may be distributed under the intestacy rules rather than according to your wishes.
If you have children from a previous relationship, jointly owned property or new financial responsibilities, this change in status can affect how your assets are ultimately distributed. The structure that once reflected your circumstances may no longer do so. This guide outlines how remarriage interacts with inheritance law and what steps you can take to align your estate planning with your current intentions.
Why Remarriage Has Legal Consequences For Your Estate
Remarriage formalises a relationship and triggers defined legal consequences, particularly in relation to your will. Under section 18 of the Wills Act 1837, your existing will is revoked by marriage unless it clearly states that it was made in anticipation of that specific marriage. This happens automatically, regardless of how recently your will was drafted.
If you remarry and do not put a new will in place, your estate will be distributed under the intestacy rules set out in the Administration of Estates Act 1925, as amended. These rules apply a fixed formula. Where you leave a spouse and children, your spouse receives all personal chattels and a statutory legacy, currently £322,000. After that sum has been paid, any remaining estate is divided so that your spouse receives one half of the residue and your children share the remaining one half equally. If your estate is worth £322,000 or less, your spouse inherits everything, and your children receive nothing under the rules of intestacy. In a blended family, this statutory division may not reflect how you wish to balance provision between your spouse and your children from a previous relationship.
Even where a will exists, leaving the entire estate outright to a new spouse can carry unintended consequences. The surviving spouse is free to change their own will or remarry, potentially resulting in children from a previous relationship receiving little or nothing.
By reviewing your arrangements with an experienced estate planning solicitor, you can decide how your estate should be apportioned, structure gifts in a way that protects different interests and ensure your intentions are clearly recorded and legally effective.
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Providing for Children from a Previous Relationship
If you want to protect children from a previous relationship, you need to take deliberate steps within your will and wider estate planning. Relying on default legal rules will not preserve their position in the way you may expect.
For that reason, you may consider including a life interest trust in your will. This arrangement allows your spouse to benefit from income generated from certain assets or use of assets, such as residing in the family home, during their lifetime. The capital is preserved for your children and passes to them after your spouse’s death. This structure provides financial security for your spouse while safeguarding your children’s long-term inheritance.
You may also consider:
- Leaving specific gifts or defined shares directly to your children, rather than dividing your estate in broad terms.
- Holding property as tenants in common, so your share passes under your will instead of automatically to your spouse.
- Ringfencing pre-marital or inherited assets, particularly where you wish to keep certain wealth within your own bloodline.
- Reviewing pension and life insurance nominations, so that these align with your intentions rather than defaulting to your spouse.
Taking these steps allows you to control how and when your children benefit. With careful drafting, you can balance provision for your spouse with clear and enforceable protection for children from earlier relationships.
Blended Families and the Position of Stepchildren
Blended families often involve stepchildren who play an important role in daily life. However, under the intestacy rules in England and Wales, stepchildren do not automatically inherit from a stepparent.
If you wish to provide for stepchildren, they must be expressly named in a valid will. Without this provision, they have no automatic entitlement to your estate.
Clear estate planning is particularly important in these circumstances. It enables you to recognise the relationships that matter to you and ensures that your intentions are legally enforceable. This clarity can help prevent future disputes and protect family harmony.
Jointly Owned Property, Pensions and Beneficiary Nominations
Not all assets pass under the terms of your will, some pass automatically on death.
Property owned as joint tenants passes to the surviving owner under the rule of survivorship. This happens regardless of the terms of a will. If you wish your share of a property to pass to someone else, ownership can be changed to a tenancy in common, allowing your share to form part of your estate.
Pension funds and certain life insurance policies are distributed according to nomination or expression of wishes forms. These forms should be reviewed after remarriage to ensure they reflect your current intentions. Otherwise, benefits may be paid to a former spouse or unintended recipient.
Joint bank accounts usually pass directly to the surviving account holder and do not form part of the estate.
Minimising the Risk of Inheritance Disputes
Second marriages often bring together different financial priorities and family relationships. Where expectations are not clearly managed, tensions can develop between a surviving spouse, children and stepchildren. An outdated or poorly drafted will increases the likelihood of disagreement.
Certain individuals, including a spouse, former spouse, cohabitant, child or someone financially dependent on you, may bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe your estate has not made reasonable financial provision for them. These claims can place strain on family relationships and result in protracted legal proceedings.
You can reduce this risk by keeping your estate planning documents under regular review. A clearly drafted will, supported by appropriate trusts and consistent beneficiary nominations, helps demonstrate your intentions. When your arrangements are transparent and legally coherent, there is less scope for misunderstanding or challenge.
Remarriage has direct legal consequences for your estate. It revokes your existing will, reshapes inheritance rights and can affect the treatment of jointly owned assets. By reviewing your will and associated arrangements, you can align your estate planning with your current family structure and provide a clear framework for how you want your assets to pass.