Many people put off preparing a will, and even more neglect to revisit it after key life events. Yet events such as marriage, civil partnership, divorce or re-marriage can have unexpected—and sometimes severe—consequences for the validity and effect of a will, depending on the laws of your country of domicile. For those domiciled in the Isle of Man, these legal consequences are particularly significant. 

Marriage or Civil Partnership: revocation of an existing Will 

In the Isle of Man, entering into a marriage or civil partnership will automatically revoke any will made previously—unless the will was clearly made in contemplation of that specific union. 
 
This is a strict rule. If your will does not include an express statement that it was made in anticipation of marriage to a named individual, it will be revoked when you marry or enter a civil partnership. In effect, the law treats the will as if it never existed. 
 
This could result in your estate being distributed according to the laws of intestacy, which may not align with your actual wishes. In such cases, the default rules—rather than your personal instructions—determine who inherits your assets. 

Remarriage 

The same rules apply to a second or subsequent marriage: any existing will is revoked upon re-marriage unless it was explicitly made in contemplation of that new marriage. 

Divorce: a more targeted approach 

Unlike marriage, divorce does not revoke a will in its entirety. Instead, the law treats your former spouse as having predeceased you. This means any gift or appointment in your will (such as executor, trustee, or recipient of a legacy) made in favour of your ex-spouse is effectively cancelled. 
 
Importantly, this legal fiction of predecease only applies to the former spouse. The remainder of the will remains valid. While this provides some protection, it may not fully reflect your current intentions—especially if your former spouse was also named in other capacities, such as trustee or guardian. 

Why regular reviews matter 

These legal rules make it essential to revisit and update your will following major life changes. Doing so ensures that your will remains valid and reflects your current personal and family circumstances. 
 
Even if you haven’t experienced a major life event recently, we recommend reviewing your will at least once every three years. This simple step can avoid unintended consequences and ensure that your final wishes are honoured. 

A Word on International Assets and Domicile 

If you are domiciled outside the Isle of Man but own assets here, the local rules on wills and succession may not automatically apply. Likewise, Manx residents with overseas assets need to be mindful of differing rules in other jurisdictions such as the UK, South Africa, or the United States. 
 
Each jurisdiction takes its own approach to succession law. For instance: 

– In the UK, wills are revoked by marriage unless made in contemplation of marriage, and divorce revokes gifts to and appointments of an ex-spouse. 
– In South Africa, marriage does not revoke a will, and divorce only affects provisions in favour of an ex-spouse if the testator dies within three months of the divorce. 
– In the US, the rules vary by state, but marriage typically does not revoke a will, and divorce often removes benefits to an ex-spouse. 
 
As such, specialist advice is essential for individuals with cross-border assets or complex family arrangements. 

If you are considering marriage, divorce, or have experienced other significant changes in your personal circumstances, Kinley Legal can help you ensure that your will remains effective and legally robust.

Contact us

Please contact us by completing our enquiry form or sending us an email at contact@kinleylegal.com for further details of the requirements, and to find out how Kinley Legal’s team of expert, qualified lawyers can assist with a bespoke, Isle of Man specific Will.