US-New YorkDoes marriage revoke a prior will in New York?
Yes, marriage generally revokes a prior will in New York unless the will was made in contemplation of that marriage.
What the Law Says
New York law provides that marriage automatically revokes a prior will, but only if the will does not show intent to remain effective after marriage.
Under New York’s Estates, Powers and Trusts Law (EPTL), a will is revoked by a subsequent marriage — but there’s an important exception. If the will was made 'in contemplation of' the marriage, it remains valid.
This rule protects spouses from unintentionally disinheriting each other, while still honoring clear intent expressed in the will itself.
The law applies regardless of whether the new spouse is named in the will or receives any bequest — the mere act of marrying triggers revocation unless the exception applies.
Statutory TextA will is revoked by a subsequent marriage of the testator, unless the will was made in contemplation of such marriage.
— EPTL 5-1.4 — Revocation by marriage
What to Do
Review your existing will before getting married.
If you want your current will to remain valid after marriage, revise it to state expressly that it was made 'in contemplation of marriage.'
Consult a New York estate attorney to draft or amend the will with proper language and execution formalities.
After marriage, consider executing a new will to clarify intentions and avoid ambiguity or unintended revocation.
Sources
Same Question, Other Jurisdictions
Ireland
UKNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.