The festive season is a popular time for proposals. Whether it happens under the Christmas tree, on a winter walk or on New Year’s Eve, getting engaged is an exciting milestone and the beginning of planning a future together.
With so much to look forward to, making a Will might not be the first thing on your mind. However, if you are planning a wedding, or have recently become engaged, it is worth understanding how marriage can affect your existing Will and why getting your affairs in order is an important part of planning for the future.
The good news is that getting engaged does not affect the validity of your Will. You can continue with your existing arrangements while you plan your wedding.
However, engagement is often the point at which couples begin thinking more seriously about their finances, property and what they would want to happen if the unexpected occurred. It can be a useful opportunity to review whether your current Will still reflects your wishes.
For example, you may want to leave something to your partner, make provision for children from a previous relationship or ensure that particular belongings or family heirlooms pass to the right people.
It is important to remember that being engaged does not give your partner the same legal position as being married. If you die before the wedding, your fiancé or fiancée will not automatically inherit your estate simply because you were planning to marry.
Without a valid Will, your estate will generally be distributed under the intestacy rules. Depending on your circumstances, this could mean that your partner receives nothing under those rules.
One of the most important things to understand is that, in England and Wales, marriage generally revokes an existing Will, unless the Will was made in contemplation of that particular marriage and expressly states that it is not to be revoked by it.
This means that if you make a Will now and then marry without the appropriate provision having been included, your Will could become invalid.
If you die after your marriage without a valid Will, your estate will be dealt with under the intestacy rules. These rules determine who inherits based on your family circumstances and do not necessarily reflect what you would have wanted.
For couples who own property together, have children or have assets from previous relationships, the consequences can be particularly significant.
The solution is not to put off making a Will until after the wedding. Instead, you can seek advice about preparing a Will in contemplation of marriage, ensuring that your intentions are properly documented and that your Will is drafted to remain effective following the planned marriage.
Many engaged couples already share a home, finances and family responsibilities. However, living together does not automatically provide the same inheritance rights as marriage.
There is no general rule in England and Wales that gives an unmarried partner an automatic right to inherit simply because they have lived with someone for a certain number of years.
If you own a property together, it is also worth checking how it is held. Joint tenants and tenants in common have different consequences on death, and the way your property is owned can affect your estate planning.
A properly drafted Will can help ensure that your share of an estate passes in accordance with your wishes, subject to the relevant ownership arrangements and any other legal rights that may apply.
Planning for the future is not only about what happens when you die. A Lasting Power of Attorney (LPA) allows you to appoint someone you trust to make certain decisions on your behalf if you lose the mental capacity to make them yourself.
A Property and Financial Affairs LPA can cover decisions about money, bills and property, while a Health and Welfare LPA can cover decisions about care and medical treatment, subject to the relevant legal requirements.
Your fiancé or fiancée does not automatically have authority to make these decisions simply because you are in a relationship or are planning to marry.
Getting engaged is an exciting time, and legal planning may not feel like the most romantic part of preparing for married life. However, putting the right arrangements in place can provide peace of mind and help protect the people who matter most to you.
Whether you are newly engaged, planning your wedding or already living together, reviewing your Will and considering Lasting Powers of Attorney can be a positive step towards your future together.
Article dated: 29.10.2026
Bethany is our Wills & Probate Paralegal based at our Melton Mowbray Office.
She has an impressive law background after achieving an Honours Bachelor of Law and a Bachelor of Criminology and Criminal Justice. Beginning her career as a Litigation Paralegal in the Supreme Court of Queensland, Australia, Bethany has moved to th United Kingdom to become admitted as a Solicitor.
Outside of work, Bethany enjoys walking through the countryside with her dog as well as horse riding.
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