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. Estimated reading time: 16 min.
Frequently asked questions
Can a predatory marriage be challenged after the person has died?
It is very difficult. A voidable marriage (one where the person lacked capacity to consent) cannot be annulled after death — only the parties to the marriage can petition for nullity while both are alive. After death, the marriage remains legally valid and the spouse retains their inheritance rights. Your best options are a claim under the Inheritance (Provision for Family and Dependants) Act 1975, or challenging the marriage itself during the person's lifetime via the Court of Protection.
Does the draft Wills Bill protect against predatory marriage right now?
Not yet. The Law Commission published a draft Wills Bill with its May 2025 report, but the government has not brought those reforms into force. The Wills Act 1837 remains the law of the land. If someone marries today, their existing will is still automatically revoked unless a statutory exception applies. Any new rules would apply only after legislation is passed and commenced.
What is the difference between the capacity to marry and the capacity to make a will?
The test for capacity to marry is deliberately low. A person only needs to understand the broad nature of marriage and the duties it creates. The test for testamentary capacity (making a will) is significantly higher — the person must understand the nature of the act, the extent of their estate, the claims of those who might expect to benefit, and must be free from any disorder of the mind that poisons their affections. This mismatch is the legal gap that predatory marriages exploit.
Can I lodge a caveat to stop a marriage?
Yes, but only before the marriage takes place. Under section 29 of the Marriage Act 1949, a caveat can be lodged with the superintendent registrar to prevent a marriage certificate being issued. This is a last-resort step and requires you to act quickly once you become aware of a planned marriage. The caveat must be entered before the certificate authorising the marriage is issued — not before the ceremony itself.
What if the vulnerable person has already made a Lasting Power of Attorney?
An LPA does not prevent a person from marrying — attorneys cannot make that decision on behalf of the donor. However, if you are the attorney and you believe the donor is being financially abused, you have a duty to act. You should contact the Office of the Public Guardian (OPG) and, in urgent cases, apply to the Court of Protection for an injunction or a declaration about the donor's best interests. The OPG's safeguarding team can investigate concerns about abuse.
If the will was revoked by marriage, can the children claim anything?
Yes, potentially. If the estate passes under intestacy and the statutory legacy (currently £322,000) leaves insufficient provision for the children, they may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. However, this is costly, uncertain, and emotionally gruelling. It is far better to take preventive steps while the vulnerable person is still alive.
Does Scotland have the same problem?
No. In Scotland, marriage does not automatically revoke a will. Scotland has its own succession law under the Succession (Scotland) Act 1964, which includes 'prior rights' and 'legal rights' (legitim for children) that provide automatic entitlements regardless of the will. The predatory marriage problem as described in this guide is specific to England and Wales.