Revoking a will by marriage or civil partnership: an argument for abolition

A will is revoked by the testator’s marriage or civil partnership. The Law Commission has consulted twice on whether this rule should be retained in modern conditions. The author examines the operation of the rule and the exception to it where the will was made in contemplation of marriage. He then looks at its implications in the context of predatory marriage and the limitations of the doctrine of undue influence noting the Law Commission’s proposals regarding testamentary undue influence. He argues that abolition of the rule would potentially be a more effective weapon against predators than only the reform of undue influence though this would also be helpful.

The author then considers the rule in the context of marriages more generally. He argues that abolition would be more consistent with the core principle of testamentary freedom but also asks whether this should give rise to a moral obligation to make a will and keep it under review. Unlike predators ...

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