The Law Commission released its latest report on reforming Wills and Private Client law—a long-awaited update to an area still heavily reliant on the Wills Act of 1837. This is not the Commission’s first foray into the subject; its 2017 Consultation Paper laid the foundations, but progress has remained slow. Nearly a decade later, a new report and accompanying draft bill have been submitted to Parliament for review.
Among the most significant changes under consideration is whether marriage should continue to revoke an existing will, a longstanding legal principle that some industry professionals believe could do more harm than good. This discussion aligns with the Government’s intent to protect individuals from so-called “predatory marriages,” where vulnerable people are manipulated into unions that strip them of control over their estates.
Other regions overseas have already moved to repeal automatic will revocation upon marriage or civil partnership. In the UK, many people remain unaware that their will becomes invalid when they marry or enter into a civil partnership, just as many are surprised to learn that divorce can void previously written wills.
These legal blind spots are critical. Clients often make assumptions based on societal myths, such as the belief in “common law” spouses or the idea that informal wills noted on papers are valid. In reality, the intestacy rules (which govern estates where no valid will exists) are rigid and impersonal. They fail to account for an individual’s wishes or the complexity of modern families, nor do they offer protection from those looking to take advantage of the vulnerable.
The danger is clear: an abuser who coerces someone into marriage could inherit their entire estate if that person dies while still legally married. Their previous will, which might have protected children or other family members, would have been automatically revoked. If the estate falls below a certain financial threshold, the children could be left with nothing, all while the abusive spouse benefits.
Most would agree that preventing an abusive or manipulative spouse from inheriting everything under the current intestacy rules is both sensible and just. Automatically revoking a will upon marriage is an outdated rule that no longer reflects how people live today.
The Law Commission’s proposals aim to tighten protections against undue influence in will-making. Currently, witnesses and their spouses cannot benefit in a will. The new proposals would extend that ban to cohabiting partners of witnesses, recognising the increasing number of people who live together without marrying (estimated at 6.8 million in England and Wales). This is a welcome development, but it also highlights how far the law has to go in recognising non-marital partnerships.
However, the report stops short of recommending protections for unmarried partners when one dies without a will. While reforms to intestacy laws could extend inheritance rights to cohabiting partners, the Commission has not suggested this. Hopefully, these changes will be considered part of the Government’s 2024 commitment to strengthening legal protections for cohabitees through a broader review of cohabitation law. A possible pathway with mandatory will-making was not explored in the report, but remains on the table for future discussions.
The report highlights the urgent need for greater public awareness of wills and the legal consequences of life events like marriage, divorce, and death. These may not be the most engaging and appealing subjects, but they impact everyone at some stage. Making a will is relatively simple, but failing to do so can have complex and challenging consequences for those left behind.
