A prenup and a will are often lumped together as ways to “protect your assets”, but they do very different jobs — and for most couples the answer to “do you need both?” is a clear yes. A prenup deals with what happens if you divorce; a will deals with what happens when you die. One cannot do the other’s job, so relying on a single document leaves a gap exactly where you least want one.
This guide explains what each covers, why marriage suddenly makes a will urgent, and how to make your prenup and will work together rather than pull in different directions.
Different events, different documents
The cleanest way to understand the prenup vs will comparison is to think about the two events each is built for:
| Prenup | Will | |
|---|---|---|
| Event it covers | Divorce / separation | Death |
| Decides | How finances are divided | Who inherits your estate |
| Made | Before (or during) marriage | Any time; update after marriage |
| Binding status | Persuasive, not automatic | Legally binding if valid |
| Affected by marriage | It is the point of it | Marriage usually revokes it |
A prenup speaks to a marriage that ends in your lifetime; a will speaks to a marriage that ends with your death. Cover only one and half the picture is left to chance.
Why marriage makes a will urgent
Here is the point most couples miss: getting married usually revokes any existing will, unless that will was expressly made in contemplation of the marriage. So a couple who marry without making new wills can find they have no valid will at all, leaving the intestacy rules to decide who inherits — which may not match what either of them intended, especially where there are children from a previous relationship. Making or updating your wills around the same time as your prenup closes that gap.
This matters even more in a second marriage or a blended family, where the intestacy rules can send assets to a new spouse that you meant to keep for your children.
What a prenup does that a will cannot
A will has nothing to say about divorce. If your marriage ends while you are both alive, it is a prenup — not a will — that records how property, savings, pensions, businesses and inheritances should be treated. A prenup can ring-fence assets you brought into the marriage or expect to inherit, so they are recognised as separate if you divorce. See what to include in a prenup.
What a will does that a prenup cannot
A prenup has nothing to say about who inherits when you die. Only a will can name the people and causes that should benefit from your estate, appoint executors and guardians, and use the available inheritance-tax planning. If you want to protect assets or an inheritance for children from an earlier relationship on death, that is a job for your will — ideally drafted so it reflects the same intentions as your prenup.
Making them work together
Your prenup and will should tell a consistent story. If your prenup ring-fences an inheritance or protects assets for children from a previous relationship, your will should reflect the same intention, so the same property is protected whether the marriage ends in divorce or in bereavement. A few practical pointers:
- Draft or review both at the same time, ideally with the same adviser, so they stay aligned.
- Use consistent descriptions of key assets (a business, a property, an inheritance) in each.
- Revisit both after big life events — children, a house purchase, a business sale — using a review clause in the prenup as a prompt.
- Remember a prenup cannot leave a partner in real need, and a court’s discretion on divorce remains (see are prenups legally binding?).
For the interaction in more depth, see prenups and wills. To decide whether a prenup is right for you in the first place, see do you need a prenup?
What happens if you die married with no will
It is worth being concrete about the gap a will fills. If you die without a valid will, the intestacy rules decide who inherits, and they follow a fixed order that takes no account of your wishes. A surviving spouse takes the first slice of the estate and a share of the rest, with children taking the balance — but an unmarried partner inherits nothing under intestacy, however long you were together. In a blended family this can be painful: assets you meant for children from a first relationship can pass instead to a new spouse, or vice versa. Because marriage usually revokes an earlier will, a couple who marry and do nothing are quietly relying on these default rules — which is rarely what either of them actually wants.
A worked example
For example, imagine David remarries. He owns a house from his first marriage and wants his two adult children to inherit it, while providing for his new wife, Ana. A prenup records that the house is his separate property if the marriage ends in divorce. But a prenup says nothing about death — so David also makes a will leaving the house in trust so Ana can live there for her life, with the property passing to his children afterwards. If David made only the prenup, his marriage would have revoked any old will, and intestacy could have handed a large share straight to Ana, defeating his plan for the children. The two documents, drafted together and telling the same story, protect his intentions whether the marriage ends in divorce or in death. See protecting children’s inheritance.
Where inheritance tax and trusts fit in
A will is also where inheritance-tax planning lives — using the available allowances, the spouse exemption and, where appropriate, trusts to control how and when beneficiaries receive assets. A prenup has no role in any of this; it is concerned only with how finances are divided if a living marriage breaks down. If your prenup ring-fences an inheritance or a family business, your will should carry the same assets through with consistent wording, so a business you protected on divorce is also passed on as you intend on death. Keeping the wording aligned matters: if a prenup describes a business one way and a will another, the inconsistency can be seized on later, so it is worth having both drafted, or at least reviewed, by the same adviser. Where trusts are involved, see trusts and prenups.
A simple checklist for couples marrying
- Make or update both documents around the time you marry — do not assume an old will survives the wedding.
- Use the same descriptions of key assets in each, so nothing falls between the two.
- Each partner should have their own will and take independent advice on the prenup.
- Appoint executors and, if you have young children, guardians in the will — a prenup cannot do this.
- Revisit both after major events using a review clause as a prompt.
Prenup vs will: why most couples need both
The prenup vs will comparison is really a “both, not either” situation. A prenup governs divorce; a will governs death — different events, different documents. Because marriage usually revokes an existing will, the safest approach is to make or update your prenup and your will together, keeping them consistent so the same assets are protected whether a marriage ends in divorce or in bereavement. If your finances are at all complex — a business, an inheritance, or children from a previous relationship — having both documents drafted together and reviewed by the same adviser keeps them aligned.
Prenup vs will: FAQs
Does a prenup replace a will?
No — a prenup covers divorce and a will covers death, so they are complementary rather than alternatives (see prenups and wills).
Does marriage cancel my will?
Usually yes, unless the will was expressly made in contemplation of that marriage — which is why couples should make new wills around the time they marry.
Which should I make first, the prenup or the will?
Ideally both together as you plan the wedding, so they are consistent and the will is not accidentally revoked by the marriage.
Can a prenup protect my children’s inheritance?
A prenup can ring-fence assets on divorce, but protecting an inheritance on death is a job for your will — use both together (see protecting children’s inheritance).
Do we each need our own will as well as a prenup?
Yes — each partner should have their own valid will, and each should ideally take independent advice on the prenup.
If I have a will, do I still need a prenup?
Yes — a will only takes effect on death and says nothing about divorce, so it cannot protect assets if a living marriage breaks down; that is the prenup’s job (see do you need a prenup?).
What happens to my will if I get divorced?
Divorce does not revoke a will, but it generally treats your former spouse as having died, so gifts to them and their appointment as executor usually fail — another reason to review your will alongside any change in your marital circumstances.
Create your prenuptial agreement online
UK Prenup lets couples in England & Wales create a clear, fair prenuptial agreement online from £199, with your document generated instantly as a PDF. See how it works or get started.
UK Prenup is not a law firm and does not provide legal advice. A prenuptial agreement in England & Wales is not automatically binding, and both partners should take independent legal advice before signing.