A new era for estate planning: Inside the Wills Bill 2025

Felicity Nelson, Associate, Private Client

The legal sector has welcomed the Law Commission’s review on reforming the laws around Wills. The current legislation is almost 200 years old, dated 1837.
One of the major proposed reforms is to remove the automatic revocation of Wills on marriage.

The Current Position
Under current laws, a Will is automatically revoked or cancelled if the person making the Will (the testator) marries after the date of their Will. The exception to this rule is where a Will has been made explicitly contemplating a marriage to a specific person.

The Current Problem
The problem with automatic revocation of Wills on marriage relates to mental capacity.
Mental capacity is decision specific and so an individual may have capacity to make some decisions but not others.
The test for capacity to marry is lower than that to make a Will, which means an individual may be assessed as having capacity to enter into a marriage but not to make a Will.
This current law allowed individuals to fall victim to predatory marriages, with scrupulous individuals entering into marriages with often elderly and vulnerable testators with a view to receiving their inheritance on their deaths.

The Proposed Change
The Wills Bill 2025 suggests that Wills should not be automatically revoked on marriage. This means that if, upon marriage, a testator wishes to benefit their new spouse, they will need to make a new Will.

The Risk
There is a risk that removing automatic revocation of Wills on marriage could leave genuine spouses vulnerable. If a testator does not make a new Will after their marriage, the spouse will not receive any of the estate, unless they were in named in the Will made prior to the marriage. The spouse would be entitled to bring a claim for reasonable financial provision from the estate under the Inheritance (Provision for Family and Dependents) Act 1975, however, an estate being subject to a claim would be a stressful, costly and unpleasant experience for all involved.

If you wish to discuss updating your Will or you require legal advice, please contact Felicity Nelson or anyone in our Private Client Team.