Getting married might NOT revoke your old will under plans by government's legal gurus

Getting married might not automatically revoke older wills in future under plans to protect vulnerable and elderly people from financial predators.

Changes drafted by the Law Commission would mean former beneficiaries were not immediately disinherited, because at present a previous will becomes obsolete on marriage.

This rule favours new spouses, because if someone dies without making a new will the intestacy rules allow them to inherit all or most of an estate.

There are ways to protect your existing arrangements if you wish, by making a new will 'in contemplation of marriage' that cannot be revoked, or very soon after you marry.

But many people are unaware of these rules, and vulnerable or elderly people can fall victim to 'predatory marriage' by unscrupulous people looking to inherit their estates.

The Law Commission, a body that reviews laws and recommends changes to the Government, last week published a draft bill to replace the Wills Act 1837 - which it described as 'outdated' and 'largely a product of the Victorian era'.

Its proposals include abolishing the rule that a will is automatically revoked when someone marries or enters a civil partnership, 'bearing in mind the serious problem of financial abuse, particularly of the elderly'.

The Commission adds: 'This rule can be exploited by those who enter a predatory marriage with a vulnerable person – marrying them in order to inherit from them.

'Predatory marriage is a form of financial abuse which has devastating consequences for the victims and their families.'

The Commission's other proposals to update existing legislation on wills include:

- Reducing the minimum age when someone can make a will from 18 to 16;

- Increasing protections for people coerced into making a will;

- Clarifying the law on testamentary 'capacity', which determines whether someone is fit to make a will;

- Making electronic wills formally valid, subject to requirements to ensure they are safe and reliable.

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The Government responded that it will give detailed consideration to the Law Commission's 'significant and wide ranging' report, and make further announcements in due course.

Sarah Sackman KC MP, Minister for Courts and Legal Services, says: 'This is the first major review of the law on making wills since the Wills Act 1837 was passed.

That legislation established certain important principles in English and Welsh law that have stood the test of time, such as people being free to make a will to set out how they wish their assets to be distributed after their death.

'Another important principle it established was putting in place formalities to making a will so that safeguards are built into the process.

'However, society has changed enormously since the early 19th Century and technology has transformed our lives.'

Sackman went on: 'The Government recognises that the current law is outdated, and we must embrace change, but the guiding principle in doing so will be to ensure that reform does not compromise existing freedoms or protecting the elderly and vulnerable in society from undue influence.'

Emily Deane, technical counsel at the STEP body of inheritance professionals, says: 'Reform of the Wills Act is long overdue and is welcomed.

'It brings with it far-reaching implications particularly concerning the proposed abolition of the law that revokes a person's will when they marry or enter a civil partnership.

'People need to be made aware ahead of any changes to the law, the impact, and the importance of having a will and keeping it updated.

'This will ensure that any changes do not lead to an increase in inheritance disputes and litigation, further strain on the legal system, confusion and distress for bereaved families.'

Deane notes that the legal profession is split over whether marriage should revoke a will because it could mean more inheritance disputes.

Therefore, she says potential risks and unintended consequences need to be addressed and any changes accompanied by a strong awareness campaign by the government.

Deane adds that ahead of any change to the law, people should watch out for signs of financial abuse, including predatory marriage, which often aren't discovered until after a victim's death.

She also stresses the critical importance of updating wills, especially after significant life changes like marriage, and when children and stepchildren are involved.

Jade Gani, chief executive of Circe Law and Director of The Association of Lifetime Lawyers, says: 'We're analysing the full detail of the Law Commission's recommendations, but we welcome this long overdue review and believe the proposed reforms are a positive step towards modernising wills law.

'The changes should make the process clearer, more accessible, and better suited to the way people live today.

'The proposal to remove the rule that automatically revokes a person's will when they marry or enter a civil partnership is a welcome move.

'It could help reduce the risk of people being left unintentionally intestate and offer stronger protection against financial abuse, such as in cases of predatory marriage.

'We support changes that aim to better safeguard and protect anyone whose circumstances make them vulnerable, and ensure their wishes are respected.'