Concern over rise in predatory marriages that automatically revoke a Will

Many individuals don’t appreciate that marriage automatically revokes any existing Will. The Law Society has expressed concern about the increasing problem of predatory marriages in which someone marries to exploit their new spouse’s wealth.

Rebecca Armstrong, Associate Solicitor, reports.

A recent Law Society survey revealed that a significant number of solicitors have encountered clients whom they suspect are in a predatory marriage. There is therefore a growing call for legal reform to address the issue and the automatic revocation of Wills upon marriage. The Law Commission’s consultation on Wills reform is considering whether the law should be changed to stop marriage from automatically revoking a Will thereby providing better protection for individuals and their estates.

While there is agreement among some solicitors (around 42% of those surveyed) that the law should be changed to stop marriage automatically revoking a Will, there are differing opinions within the legal community. This underscores the need for further debate, consideration and examination of the pros and cons of potential legal reform in this area.

A Law Society spokesperson said: “The safeguarding of those who are vulnerable to predatory marriage and financial abuse must be given paramount consideration. We recommend further training for registrars to look for signs of insufficient mental capacity to marry.”

Importance of Legal Advice

It’s important to draw up a Will to ensure that your assets are passed in the way you wish and to regularly review the Will to ensure it still meets your needs and remains valid. Consulting a qualified, specialist solicitor is crucial to ensuring your assets are distributed in accordance with your wishes and that you are not subject to undue influence. Legal advice can help you navigate complex legal issues which may arise with your estate and minimize the risk of exploitation.

If you believe a loved one has been victim of a predatory marriage or you have other concerns regarding potential undue influence of the Will, our specialist team of Will Dispute solicitors can help. Similarly, if you would like to make a new Will, our Private Client team can assist.

If you would like more information on any issue raised in this article contact Rebecca Armstrong, Associate Solicitor in our Will Dispute Team on 01228 516666.