Remarrying is one of life's bigger reset moments. It's also one of the few life events that automatically cancels your existing will - and creates a new set of inheritance choices that don't make themselves.
This guide explains the legal mechanics, the most common structures used in second-marriage wills, and the conversations that make them work for everyone in the family.
The rule that surprises everyone: marriage revokes a will
Under the Wills Act 1837, marriage automatically revokes any earlier will - unless that will was made "in expectation of" the specific marriage you're now entering. This applies just as much to remarriages as to first marriages.
The practical consequences are stark. Imagine this:
> Sarah, 55, divorced, with two adult children. After the divorce she writes a careful will leaving everything to her children. Three years later she meets and marries Tom, also divorced with adult children of his own. Neither of them updates their wills. Six months after the wedding, Sarah dies.
>
> Sarah's careful will is already cancelled - revoked by the marriage. She dies intestate. Under intestacy, Tom (her new spouse) takes her possessions, the first £322,000, and half of any remainder. Her children take what's left of the half above £322,000. The careful protection she put in place for her children has evaporated.
This is the textbook second-marriage trap. It's prevented by exactly two things:
- Writing a will "in expectation of" the marriage - a clause stating the will is made in contemplation of the specific upcoming marriage, with the intention that it survive. The clause needs to name the intended spouse and be drafted carefully.
- Writing a fresh will after the wedding - a new will, signed and witnessed correctly, that reflects the new family situation.
Most remarrying couples do the second. A few do both - a "made in expectation of" will, then refreshed shortly after the wedding.
Why second marriages need more thought, not less
A first marriage will is usually easy: everything to the spouse, then to the children. The defaults work because the family is straightforward.
Second-marriage wills aren't straightforward. The questions to answer are:
- Do you want to provide for your new spouse first, with your children inheriting later? Or your children first, with your new spouse provided for in another way?
- If everything passes to your new spouse, what stops them later leaving it all to their own children, with yours getting nothing?
- How are sentimental items distributed - especially items from your first marriage that your children may feel are "theirs"?
- Who acts as executor - the new spouse, your adult children, both, neither?
- What happens to the home you brought into the marriage versus the home you bought together?
These are uncomfortable questions, but they're answerable. The structures below are well-established for handling them.
(If this is feeling complicated, the Trusted Hands will builder walks through second-marriage scenarios step by step.)
The structures that work
Mirror wills
Both spouses make broadly matching wills, usually leaving everything to each other on the first death, then to a defined group on the second.
In a second marriage, standard mirror wills are rarely safe: the survivor can change their will after the first death. If Sarah dies first, Tom inherits everything - and Tom's later will can leave it all to his own children, cutting Sarah's out. Standard mirrors work for first marriages with shared children; not reliably for blended families.
Life-interest trust on the family home
Sarah's will creates a life-interest trust in her share of the family home. Tom has the right to live in it for the rest of his life (or until he remarries again, depending on the drafting). When his interest ends, the property passes to Sarah's children.
Tom is protected - he has a roof. Sarah's children's inheritance is preserved - Tom can't sell the house and leave the proceeds to his own children. This is a workhorse structure for second marriages with property.
Our blended families guide covers life-interest trusts in more depth.
Mirror wills with binding crossover protection
A more sophisticated version: each will leaves the residue to the survivor in trust, with a binding direction that the survivor cannot change the eventual destination - splitting the eventual estate between both sets of children in agreed shares. Effective, more complex, and usually drafted by a specialist solicitor.
Direct splits
The simplest structure: each spouse leaves their estate directly to their own children, with the survivor provided for by life insurance, pension nominations, or a smaller cash legacy. Works well when each spouse has independent assets.
For complex estates, we recommend you seek assistance from a Trusted Hands Advisor or your own legal advice.
Talking to your children before you remarry
This is the single most useful step. Adult children often accept any reasonable arrangement if it's explained while you're alive. The same arrangement coming as a surprise after death produces conflict, resentment, and sometimes 1975 Act claims.
A typical conversation covers:
- What's the rough plan - everything to the new spouse first, or split, or trust-based?
- Who will live in the family home if you die first?
- What happens to specific items of sentimental value (mother's wedding ring, father's watch) - especially items linked to the first marriage?
- Who is the executor, and why?
You don't have to answer every question. Just opening the conversation - "we're thinking about putting a trust in place so that I'm protected and your inheritance is preserved" - changes the dynamic from surprise to understood plan.
Pre-nuptial agreements (or post-nuptial)
A pre-nuptial agreement isn't automatically binding in England and Wales but is given significant weight by the courts if entered freely with proper disclosure. For second marriages, a clear pre-nup that ringfences pre-existing or first-marriage assets is one of the most effective complements to a will. A post-nuptial agreement does the same job after the wedding.
The 1975 Act and a remarried spouse
The Inheritance (Provision for Family and Dependants) Act 1975 lets certain people apply for "reasonable provision" if they've been left out of a will or given an unreasonably small share. The relevant categories for a second marriage are:
- Spouse or civil partner (your new spouse, with the most generous test).
- Cohabitee of 2+ years.
- Child of the deceased (any age).
- Person treated as a child of the family (which can include adult stepchildren you raised).
- Anyone financially dependent on the deceased.
A remarried person's will needs to provide reasonably for the surviving spouse, who can otherwise apply under the 1975 Act and likely succeed. Reasonable provision for a spouse isn't necessarily everything - but it's not nothing. A well-drafted will balances spouse provision (often via life-interest trust) with children's eventual inheritance.
> Ready to put a second-marriage will in place? Trusted Hands turns these decisions into a 15-30 minute guided builder. Start free → - only pay when you download.
What about a "made in expectation of" will before the wedding?
A made-in-expectation-of-marriage will is useful when the wedding is months or years away and you want a continuous chain of valid wills. The clause must name the specific intended marriage - vague wording doesn't work.
Most remarrying people simply update the will shortly after the wedding. That's fine in the typical case but leaves a gap if anything happens between writing the post-divorce will and the wedding day.
Inheritance tax for remarried couples
The IHT picture for a remarried couple has a few quirks:
- Spouse exemption applies between you and your new spouse - gifts in life or on death are IHT-free.
- Transferable nil-rate band - if your new spouse's previous spouse died without using their nil-rate band, your spouse can inherit a transferable allowance of up to 100%, on top of their own.
- Residence nil-rate band - £175,000 for a home left to direct descendants. Leaving the home into a life-interest trust for a new spouse can affect this; specialist drafting handles it.
- The nil-rate band stays at £325,000 per individual, frozen until April 2030.
Our inheritance tax guide walks through the numbers.
Practical checklist before remarrying
- Write a new will, ideally before the wedding (made in expectation of) or shortly after.
- Update pension and life-insurance nominations - these don't follow your will.
- Review property ownership - joint tenants (passes by survivorship) or tenants in common (passes by will).
- Consider a pre-nuptial or post-nuptial agreement if there are significant pre-existing assets.
- Have the children conversation, especially with adult children.
- Check Lasting Powers of Attorney - update if a previous spouse was named.
> Ready to start your will? Trusted Hands turns these decisions into a 15-30 minute guided builder. Start free → — only pay when you download.
Frequently asked questions
Does my old will from before the divorce still apply?
No - a divorce doesn't revoke a will, but it treats your former spouse as having predeceased you. So the rest of the will applies, with your ex-spouse cut out. But if you then remarry, the new marriage revokes that will entirely.
What if I write a will and my partner doesn't?
Each adult is responsible for their own will. If your partner dies without one, intestacy applies to their estate - regardless of what's in your will. Encourage parallel will-writing as a couple.
Can I leave nothing to my new spouse?
You can attempt to, but a surviving spouse who's been left out can apply under the 1975 Act and is treated more generously than other categories. Most courts will award some provision unless there are very strong reasons not to. The realistic plan is to provide something - usually via a life-interest trust - even if you want most of the estate to go to your children.
Are stepchildren treated as my children?
Not under intestacy, and not under most "to my children" clauses unless you define the term to include them. If you want stepchildren to inherit equally with your biological children, say so explicitly in the will. A letter of wishes can record your reasons.
When should I write the new will - before or after the wedding?
Either is fine if done well. A made-in-expectation-of will signed before the wedding gives you continuous protection. A post-wedding will is simpler to draft. Many remarrying couples do both - a quick made-in-expectation-of will to bridge the gap, refreshed afterwards.
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