How marriage revokes a will, the legal gap that predators exploit, the 2025 Law Commission reforms, and how to protect a vulnerable family member.
This guide is part of ProbateHelp's Will Disputes guide cluster.
A marriage that is voidable because valid consent was missing cannot generally be annulled after death. A void marriage raises different questions. A solicitor should check the marriage, any surviving will, possible estate-recovery claims and eligibility for an Inheritance Act claim. A challenge to a later will does not itself undo the marriage or revive an earlier will.
The Law Commission's May 2025 draft is a reform proposal, not the current law. As checked on 14 September 2026, marriage generally revokes an existing will in England and Wales, subject to statutory exceptions. Do not rely on a proposed change when deciding whether urgent protective action is needed.
Capacity is assessed for the particular decision. Understanding marriage and its responsibilities is different from understanding a will, the estate and competing claims on it. Someone may have capacity for one decision but not another. Dementia, disability or an unwise choice does not by itself establish lack of capacity.
Section 29 of the Marriage Act 1949 provides a caveat against issuing a marriage schedule. It must be raised before the schedule is issued and needs a stated ground of objection. It delays issue while the objection is examined; it is not a permanent veto. Frivolous objections can result in costs and damages. Contact the registrar and a specialist solicitor promptly.
An LPA does not give an attorney the power to consent to marriage for the donor or override a decision the donor has capacity to make. Attorneys must stay within their powers. Report suspected abuse by an attorney or deputy to OPG where it has jurisdiction; wider abuse concerns belong with local adult safeguarding services or the police.
Children may inherit under intestacy, depending on the family and estate. An eligible child may also seek reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 if its requirements are met. Success is not automatic. The usual claim deadline is six months from the first grant of representation; a late claim needs court permission.
Marriage does not automatically revoke a will in Scotland. Scottish succession and family-provision rules are different: legal rights can apply despite a will, while prior rights concern intestacy. That does not mean financial abuse through a relationship cannot happen there. Obtain advice in the relevant jurisdiction.