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Most people assume that once they make a Will, it remains valid until they actively change it.
Under current law, that isn’t always the case.
Marriage or civil partnership automatically revokes any previous Will, a rule that dates back to the Wills Act 1837 (the Act).
This legal technicality catches many people out, often with serious consequences.
The Law Commission’s latest report on Wills and succession law brings renewed attention to the risks posed by outdated legislation, especially for those in vulnerable or changing relationships.
We regularly see how a client’s legal position can change dramatically after marriage, divorce, or separation.
What often surprises them is that marriage cancels any earlier Will, unless it was made with that marriage in mind.
Many people never update their Will after marrying, particularly in second marriages, later-life relationships, or blended families.
As a result, their estate may be distributed under the intestacy rules, which could exclude children or other loved ones entirely.
This legal loophole has far-reaching consequences for the people we support every day. It enables financial abuse, and in the worst cases, rewards coercive control.
We have worked with clients who were persuaded or pressured into marriage by manipulative partners.
If they had died before divorcing, their previous Will would have been revoked, and the new spouse would inherit everything.
Children from previous relationships could be left out entirely.
Inheritance disputes may follow, but for families already grieving or dealing with trauma, that is a legal mountain no one should have to climb.
The Commission’s report nearly a decade in the making, recommends reconsidering the rule that marriage revokes a Will, particularly in light of growing concerns around ‘predatory marriages’.
In countries like Canada, this rule has already been reversed in some provinces to offer better protection.
The report also proposes extending the rules that prevent witnesses (and now their cohabiting partners) from receiving gifts in a Will, a welcome move to reduce the risk of undue influence and manipulation.
One area remains untouched: the legal rights of cohabiting partners.
Currently, they are still excluded under intestacy laws, even if they have lived with their partner for decades.
Despite calls for reform, the Commission does not recommend any changes on this front.
These legal blind spots are affect real people every day. If you are:
…it is vital to seek legal advice about your current Will, or the consequences of not having one at all.
We work with clients at every stage of their relationship journey to help them safeguard their future.
That includes flagging important issues like Wills, inheritance, and financial protection.
If you would like expert legal advice from our family law solicitors in relation to any aspect of your divorce, please contact us today.
Director – Head of Family Department
I qualified as a Solicitor in 2006 and now specialise in divorce, financial settlements, childcare arrangements and Pre Nuptial Agreements. I have many years’ experience as a private family lawyer having worked with two other local firms before returning to Mander Hadley, where I first undertook work experience during my university studies.
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