A marriage between a millionaire farmer and his carer, 25 years his junior, the day before his death has highlighted how marriage can override a pre-existing will.
This story has drawn attention to a little-known legal rule in England and Wales: that a marriage automatically revokes any existing will, with the surviving spouse standing to inherit the estate, regardless of how long the marriage has lasted.
Thrings’ Private Client Associate Megan Alexander takes a look at the current law and the potential reforms being proposed by the Law Commission’s to address key gaps.
How could the law be changing?
The laws that govern how we make wills, and how marriage affects them, is rooted in the Wills Act 1837. While the laws were designed to protect spouses and ensure orderly inheritance, they arguably no longer reflect the complexities of modern life. From blended families and longer life expectancy to the rise of digital documentation, today’s realities demand a more flexible and protective legal framework.
Among the recommendations made by the Law Commission in their May 2025 report on Modernising Wills Law is to abolish the rule that marriage revokes any pre-existing will, arguing that it can undermine testamentary freedom and leave vulnerable individuals open to exploitation.
Other key proposals include:
- Allowing courts to infer undue influence, making it easier to challenge suspicious wills.
- Legalising electronic wills, with safeguards to prevent fraud.
- Lowering the minimum age to make a will from 18 to 16, reflecting the responsibilities young people may hold.
- Clarifying the law around capacity and intention, especially for those with cognitive impairments.
These reforms aim to bring wills law into the 21st century, ensuring it reflects modern relationships, technology, and the need to protect vulnerable individuals.
What can you do now?
While legislative change is still pending, individuals and families can take steps to protect their wishes:
- Review and update your will regularly, especially after major life events – whether that is marriage, divorce, having children or family members dying.
- Discuss your estate planning openly with trusted family members or advisors.
- Consider creating a Lasting Power of Attorney (LPA) to ensure someone you trust can act on your behalf if needed.
- Seek professional legal advice to ensure your documents are valid and reflect your true intentions.
These actions can help ensure your voice is heard, your wishes are respected, and your legacy is protected.
Thrings’ Private Client lawyers are experts in supporting individuals and families with a range of personal matters that are important to you. Whether it relates to a family business, land or private wealth, their expertise is there to help plan ahead in all areas ranging from succession planning and trusts, to wealth management, Wills and probate. To find out more, please get in contact.
