For nearly two centuries, the UK has followed a strict rule: Marriage revokes a Will. At AFPS in Windsor, I’ve seen this rule cause countless headaches for blended families and vulnerable seniors.
However, we are currently at a historic crossroads. Following the Law Commission’s final report on 16 May 2025, the government is progressing with the Wills Bill 2025/26.
The Crucial 2026 Fact Check
Before you celebrate the end of this outdated rule, there is a vital piece of information you must know: The Wills Act 1837 is still the law of the land today.
While the new Bill has been introduced to Parliament, it has not yet received Royal Assent. This means:
If you marry today: Your existing Will is still automatically cancelled.
The “Safety Net” isn’t here yet: If you are worried about a vulnerable relative being targeted by a “predatory marriage,” the current law still favours the predator.
The Transition: The new rules will likely only apply to Wills made after the new Act officially commences later this year or in 2027.
Why the Law is Shifting
The main driver is the rise in predatory marriages. Currently, it is legally “easier” to get married than to make a Will. A “predator” can marry someone who lacks the mental capacity to write a new Will, knowing the marriage will revoke the old one and leave the predator as the primary heir under the Rules of Intestacy.
Comparison: Today vs. The Future
| Feature | If You Do Nothing | Predatory Risk | Mental Capacity |
|---|---|---|---|
| Current Law (Active March 2026) On Marriage: Your Will is automatically revoked. |
You are “Intestate” (State decides). | High — favours the new spouse. | Banks v Goodfellow (1870 test). |
| The New Wills Bill (Pending) On Marriage: Your Will remains valid. |
Your old Will stands (Spouse gets nothing). | Low — favours original beneficiaries. | Mental Capacity Act 2005 (Modern test). |
What Should You Do Now?
Because we are in this “Law Gap,” you cannot rely on the 1837 law OR the 2026 reform to protect you automatically.
If you are planning a wedding in Berkshire this year, or if you have a family member whose capacity is a concern, you need professional advice that accounts for both the current law and the upcoming changes.
At AFPS, I am offering “2026 Compliance Reviews” to help my prospective clients navigate this shift. Contact me today to make sure your Will doesn’t become a piece of history.
