Under current law, marrying or forming a civil partnership automatically revokes any existing Will, unless that Will was specifically made with the upcoming marriage or civil partnership in mind.
This has led to unexpected and often distressing consequences. Long-term partners and children have, in some cases, missed out on inheritances after carefully written Wills were unknowingly invalidated by a subsequent marriage or civil partnership. It is not uncommon for terminally ill people, who are in long term relationships to formalise them at the very end, in order to secure relief from inheritance tax – they may not, however, be aware that they need to make new Wills as well.
How the new reforms could make Will-making simpler and fairer
The Law Commission has acknowledged this aspect of the law no longer reflects modern life. Marriage, it states, should not erase years of financial planning. Relationships are diverse and no longer follow a “one-size-fits-all” path, and the law should accommodate that reality.
Many couples now write Wills while cohabiting – sometimes years before they choose to marry or form a civil partnership. Under the current law, those Wills may be automatically cancelled once the couple marries or forms a civil partnership, often without their knowledge.
The proposed reform would change this. Under the new law, marriage and civil partnership would no longer revoke an existing Will. Only a deliberate act, such as creating a new Will or destroying an old one with the intention of revoking it, would have that effect. This would bring the law more in line with the needs and expectations of modern families.
The current law has also left some individuals vulnerable to so-called ‘predatory marriages’, where a person may be manipulated into marriage. This would result in their previous Will being nullified and a sizeable part of their estate passing to the new spouse under the intestacy rules which apply where there is no valid Will. Depending on the size of the estate, this could wholly or largely cut out the children of the Will-maker from receiving any inheritance from that estate.
This proposed change offers better protection for people’s wishes, minimises the risk of unintended outcomes, and recognises the choices of couples who choose to marry or form civil partnerships later in life.
However, it’s important to note that, even if adopted, the recommended reform would only apply to Wills made after any new law comes into force. Couples who have married or formed a civil partnership recently may still need to revisit their Wills to ensure they remain valid and reflect their current wishes.
How TWM can help you
At TWM, we can advise you on the steps you should take to protect your estate and ensure your Will reflects your intentions – especially if you’re planning to marry or form a civil partnership, or have recently done so.
Our specialist Private Client and Family teams work together to offer tailored advice on financial planning, Will drafting, and the appointment of executors – removing some of the administrative pressure during what can be a busy and emotional time.
To discuss your requirements, please contact our Private Client team today for an initial, no-obligation consultation.
