Do You Need to Update Your Will After Marriage in Scotland?
A careful explanation of why marriage or civil partnership should prompt a Scottish will review without importing England-and-Wales rules.
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Yes—review it, but do not assume marriage cancelled it
Marriage or civil partnership should prompt a review of a Scottish will. Under the current Scottish position, entering a marriage or civil partnership does not automatically invalidate a will made beforehand. That is an important difference from the general rule commonly described for England and Wales.
The fact that an earlier Scottish will may remain valid does not mean it remains suitable. It may omit the new spouse or civil partner, continue gifts or appointments connected with an earlier relationship, use an old name, or fail to reflect current property, pensions, children and family intentions. A surviving spouse or civil partner may also have Scottish legal rights whether or not the will was updated.
Arrange a review with a Scottish solicitor rather than changing the signed document yourself. The solicitor can confirm which law applies, explain the effect of the existing wording and prepare a new will or properly executed codicil where appropriate.
Why marriage or civil partnership should trigger review
A will records decisions at a particular time. Marriage or civil partnership changes the legal and practical context around those decisions, even though it does not itself cancel a Scottish will.
A review lets you check:
whether the new spouse or civil partner is provided for as intended;
whether gifts to other beneficiaries should remain the same;
whether executor appointments still make sense;
how children, stepchildren and other dependants fit into the plan;
whether the family home and other jointly held property pass as expected;
whether pension and insurance nominations align with the wider plan;
whether an earlier will refers to a former partner or old family circumstances; and
whether Scottish legal rights or cross-border rules affect the intended outcome.
The right response is not always “leave everything to the new spouse”. People may want to protect children, recognise stepchildren, preserve a family asset, support a dependant or coordinate two partners' separate plans. Those choices require careful drafting rather than assumptions.
The effect of marriage on an existing Scottish will
Citizens Advice Scotland expressly identifies as a common mistake the belief that marriage or civil partnership invalidates a previously made will. In Scotland, an earlier will is not automatically revoked merely because the person later marries or enters a civil partnership.
This creates two practical risks:
The old will may still operate. Its beneficiaries and executors may remain the people named when it was signed, subject to current law and its exact wording.
The new family circumstances may create additional rights or conflicts. The surviving spouse or civil partner and children may have legal-rights claims against the moveable estate, and ownership arrangements may affect property outside the will.
Do not infer the outcome from the date or title of the document. A solicitor should inspect the signed will, any codicils, later documents and the circumstances in which they were made.
Do not write a spouse's name into an old will, cross out a beneficiary or attach an informal note as an amendment. Scottish wills have formal requirements, and an apparent alteration can create uncertainty. Ask whether a new will or formally executed codicil is appropriate.
Scotland is different from England and Wales
Online information about “UK wills” often states that marriage cancels a will. The GOV.UK guide that gives that rule also warns that Scotland has different rules; its will-making pages are primarily directed to England and Wales.
For a person whose succession is governed by Scots law, do not import that England-and-Wales rule. The Scottish starting point described by Citizens Advice Scotland is that marriage or civil partnership does not invalidate the earlier will.
Which country's succession law applies can itself be complex. Where someone lives in one part of the UK but owns property, was domiciled, signed documents or has family connections elsewhere, the place of the wedding alone may not answer the question. Cross-border assets or residence are strong reasons to obtain advice from a solicitor experienced in the relevant jurisdictions.
This distinction also explains why generic templates and search results can be dangerous. Rules about signing, family claims, property and the effects of relationship change are not uniform across the UK.
Marriage, civil partnership and Scottish legal rights
Scottish legal rights protect a surviving spouse or civil partner and children in relation to the deceased person's net moveable estate. Moveable property broadly excludes land and buildings, but classifying assets and calculating the net fund requires proper estate information.
Legal rights can apply even where there is a will. Scottish Government guidance explains that a person entitled under both the will and legal rights cannot take both entitlements and must choose between them. The calculation depends on family circumstances and estate composition, so this guide does not provide percentages or personal estimates.
Marriage therefore deserves review even if the existing will already mentions the partner. The solicitor needs to consider:
the wording and value of the testamentary provision;
whether there are children or descendants;
which assets are moveable and which are heritable;
debts, expenses and ownership;
the interaction between a potential legal-rights claim and the will; and
whether advice is needed for both spouses or civil partners separately.
Read Scottish Legal Rights Explained for a careful overview, then obtain advice before making decisions intended to alter or avoid a claim.
Previous partners, children and blended families
An old will may contain gifts or executor appointments involving a former partner. If that earlier relationship was not a marriage or civil partnership, the statutory consequences of divorce or dissolution may not apply. The document must be reviewed on its wording and history.
Children from an earlier relationship remain important to the analysis. In Scotland, children can have legal rights in a parent's moveable estate. A new marriage does not make those questions disappear. Stepchildren, however close the relationship, should not simply be assumed to have the same status as biological or adopted children for succession purposes; if you intend to benefit them, discuss clear drafting.
Tell the solicitor about:
all biological and adopted children;
stepchildren and anyone treated as part of the family;
children or dependants with additional support needs;
financial arrangements made on separation or divorce;
maintenance, trusts or court orders;
estrangement or a likely dispute; and
any promise or expectation about a home, business or inheritance.
Do not use a new will as a substitute for advice about an unresolved separation agreement, divorce settlement, trust or property dispute.
Beneficiaries, executors and guardians
Marriage may change who you want to inherit and who should administer the estate. Review each role separately.
Beneficiaries
Check named gifts, substitute beneficiaries and the residuary estate. Consider what should happen if a spouse dies first, both partners die close together, or a beneficiary is young or needs managed support. Avoid descriptions such as “my partner” where the intended person could later be unclear.
Executors
An executor has a practical and responsible administrative role. A new spouse may be a suitable choice, but appointment should not be automatic. Consider willingness, capability, location, potential conflicts, substitutes and whether a professional executor is appropriate. See How to Choose an Executor for Your Will in Scotland.
Guardians
Where there are children, a marriage may change the household without answering who holds parental responsibilities and rights. Tell the solicitor about every relevant parent, court order and proposed guardian. A guardian nomination is not an unconditional guarantee; the child's welfare remains central. Read Choosing a Guardian for Your Children in Scotland.
Property ownership and the family home
A will does not necessarily control every interest in a home. Citizens Advice Scotland warns that Scottish title deeds may contain a survivorship destination capable of overriding what the will says about the property.
After marriage or civil partnership:
identify each property and obtain current title information;
record who owns it and in what proportions;
check for a survivorship destination or other special destination;
record mortgages, securities and relevant insurance;
disclose property owned before the relationship or with another person; and
obtain cross-border advice for property outside Scotland.
Do not transfer a share, alter title or add a destination merely to achieve an assumed inheritance or tax result. Conveyancing, family law, succession and tax consequences can interact. A solicitor should explain the existing title before recommending change.
Pensions, death benefits and nominations
Pensions, workplace death benefits and life assurance may pass under scheme rules, nominations, trusts or provider discretion rather than the will. Marriage may affect scheme benefits, but it does not make every old nomination correct or automatically update every provider record.
For each arrangement:
identify the provider and scheme;
request the current nomination or expression-of-wish position;
ask how marriage or civil partnership affects eligibility and discretion;
check life assurance ownership and any trust;
update the provider through its official process where advised; and
retain a dated reference without putting account credentials in WillWise.
Do not assume the will can override the scheme. Likewise, do not assume a nomination conclusively determines the payment where trustees or providers retain discretion. A regulated financial adviser, pension specialist or tax adviser may need to work with the solicitor.
Divorce or dissolution: a separate review point
Divorce, dissolution or annulment should trigger another immediate review. Section 1 of the Succession (Scotland) Act 2016 provides a default rule under which, in qualifying circumstances, a former spouse or civil partner named in a will is generally treated as having failed to survive the person who made it. The Act contains qualifications, including where the will shows a contrary intention, and separate treatment can apply to guardianship provisions.
This is not the same as saying divorce automatically cancels the whole Scottish will. Other gifts and appointments may remain, and the effect on substitute provisions, destinations, property, pensions and wider family planning requires review.
The statutory rule can involve domicile and recognition of the divorce, dissolution or annulment. Obtain advice promptly, including during separation where death before final divorce could produce a different position. Do not destroy or alter an existing will without first arranging a valid replacement.
Marriage and civil-partnership will review checklist
[ ] Locate the signed will and every codicil.
[ ] Record who prepared it and where the original is stored.
[ ] Confirm that Scottish law is the correct starting point.
[ ] List the new spouse or civil partner and all children, stepchildren and dependants.
[ ] Review every beneficiary and substitute beneficiary.
[ ] Review executors, substitutes, trustees and guardians.
[ ] Identify gifts or appointments connected with a previous partner.
[ ] List property and obtain current Scottish title information.
[ ] Check joint ownership and survivorship destinations.
[ ] Review bank, investment, business and digital-asset information.
[ ] Check pension, death-benefit and life-assurance nominations directly with providers.
[ ] Tell the solicitor about foreign assets, residence or domicile connections.
[ ] Ask how Scottish legal rights may affect the intended plan.
[ ] Consider incapacity planning and a separate Scottish power of attorney.
[ ] Agree whether a new will or properly executed codicil is required.
[ ] Do not hand-edit the existing signed document.
[ ] Store the completed document securely and tell executors how to find it.
[ ] Set a reminder for later life-event and periodic reviews.
You can bring incomplete information to an initial appointment. Mark approximate values and unanswered ownership questions clearly rather than delaying indefinitely.
Common myths
“Marriage automatically revokes every UK will”
No. Succession rules differ within the UK. Citizens Advice Scotland states that marriage or civil partnership does not invalidate an earlier Scottish will. England-and-Wales guidance should not be presented as Scots law.
“If the will is still valid, there is nothing to do”
Validity and suitability are different. The old document may remain effective while no longer reflecting the family, assets or intended appointments.
“My spouse automatically receives everything”
Do not assume that outcome. The will, legal rights, children, ownership, provider rules, debts and estate composition may all matter.
“A new surname makes the will invalid”
A name change does not by itself answer validity or interpretation. It is still sensible to update records and let the solicitor check that identities and descriptions are unambiguous.
“The will controls the house and pensions”
Not necessarily. Scottish title destinations and pension or insurance arrangements may operate outside or alongside the will.
“Divorce cancels the entire Scottish will”
The 2016 Act affects provisions involving a former spouse or civil partner in specified circumstances; it does not simply erase the whole will. Professional review is essential.
When professional advice is especially important
Seek advice promptly where there are children from an earlier relationship, a former partner still named in the will, a dependant, estrangement, property with a survivorship destination, business or farming interests, trusts, significant pensions, foreign assets, uncertain domicile, tax concerns, a pending separation or divorce, questions about capacity, or a likely dispute.
Each partner may need independent advice if their interests differ. A joint meeting does not remove the solicitor's professional duties or make confidential conflicts disappear.
Other events that should prompt review
Review after separation, divorce or dissolution; birth or adoption; death or incapacity of a beneficiary, executor or guardian; purchase or sale of property; starting or selling a business; inheritance; retirement; a substantial financial change; moving country; diagnosis of serious illness; or a change in a dependant's needs.
Prepare the facts before the solicitor reviews the will
WillWise can help you organise family information, proposed beneficiaries and executors, property, financial arrangements and questions before meeting a Scottish solicitor. It does not decide whether the existing will is valid, amend it or create a replacement.
This guide provides general information about Scotland and is not legal advice. WillWise is not a law firm and does not create, review or update a legally valid will. The effect of marriage, civil partnership, divorce, dissolution, legal rights, ownership and cross-border connections depends on current law and individual circumstances. Obtain advice from a suitably qualified Scottish solicitor before relying on or changing an existing document.
Frequently asked questions
Does marriage automatically revoke a will in Scotland?
No. The current Scottish position is that marriage or civil partnership does not automatically invalidate a will made beforehand. The will should still be reviewed because its gifts, appointments and assumptions may no longer be suitable.
Why does some UK guidance say marriage cancels a will?
That general rule is commonly stated for England and Wales. GOV.UK itself notes that Scotland has different rules. Which law governs a particular estate can require advice where there are cross-border connections.
Does my spouse automatically inherit everything in Scotland?
Do not assume so. The will, Scottish legal rights, children, ownership arrangements, estate composition, debts and provider rules can all affect the outcome.
Should I make a new will before or after the wedding?
Timing and drafting depend on your intentions and circumstances. Take the existing will and wedding plans to a Scottish solicitor, who can advise how and when a replacement should be executed.
What happens to a Scottish will after divorce?
The Succession (Scotland) Act 2016 generally treats a former spouse or civil partner as having failed to survive for relevant provisions, subject to qualifications and contrary wording. It does not simply cancel the whole will, so arrange a review.
Does changing my surname invalidate my will?
A name change does not by itself establish that a will is invalid. Update records and ask the solicitor to ensure the identity and wording remain clear.
Do I need exact asset values for the review?
Approximate values and clearly marked unknowns can support an initial review. The solicitor or another adviser may request exact ownership documents, valuations or provider evidence before final advice.
Sources
Authoritative references used to support and review this guide.
