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 Wills, Trusts & Estates Team.
Expert commentary & updates
Estate planning after the Autumn Budget: What now?
Hay & Kilner's Private Client Team explains the Autumn Budget estate planning update, and what steps to take to protect your estate.
Putting compassion and expertise at the heart of Court of Protection work
Hay & Kilner's Court of Protection Team are dedicated to helping those who lack capacity through illness, disability or traumatic brain injury. Find out how they can help you.
A brief guide to lifetime gifting
Alexis Wood, Solicitor in our Wills, Trusts & Estates Team, explains how lifetime gifting can help reduce Inheritance Tax and support loved ones during your lifetime. Discover key allowances, tax exemptions, and the seven-year rule in this practical estate planning guide.
Lasting Powers of Attorney: 5 common misconceptions and what you need to know
Hay & Kilner’s Wills, Trusts & Estates Team dispel 5 common misconceptions about lasting powers of attorney and explain what you need to know for effective estate planning.
Business continuity starts with your Will and Power of Attorney: what business owners should know
Alice Clewes, Partner in our Wills, Trusts & Estates Team, outlines what business owners need to know about Will planning and Powers of Attorney to safeguard business continuity.
Enduring Power of Attorney: What you need to know
Hay & Kilner’s Wills, Trusts & Estates Team explain what an Enduring Power of attorney is and how it differs from a Lasting Power of Attorney.
Court of Protection solicitor Zoey joins Hay & Kilner
Hay & Kilner welcomes a specialist Court of Protection solicitor, strengthening the firm’s expert legal support for clients needing deputyship, welfare and financial decision-making guidance.
You may also need advice on
Leave us a message
Send us your query and we will be back in touch as soon as possible.
For the latest insights, updates and events join our mailing list