General public backs law change to stop ‘predatory marriage’ inheritance abuse

Public support for reform of inheritance law has surged demanding better protection for vulnerable people making Wills with deep concern about predatory marriages, a poll has revealed.

A survey carried out by national Will-writing campaign Will Aid has highlighted growing public unease about how current inheritance laws operate – and the potential for exploitation of older or vulnerable individuals at key moments in their lives.

Almost 66% of UK adults believe the law should change so someone cannot inherit everything simply because they married a vulnerable person shortly before they died – a practice increasingly referred to as "predatory marriage".

Under current law in England, Wales and Northern Ireland, marriage automatically revokes an existing Will unless specific steps are taken, potentially leaving a person's carefully planned estate exposed.

Emma Aslett, Head of Wills and Probate at Penn Chambers Solicitors, a participating Will Aid firm, said: "Although predatory marriage is not yet a legal concept, it is a very real and deeply troubling issue we see in practice. It typically involves a vulnerable individual, often elderly or living with cognitive impairment, being pressured into marriage for financial gain.

"Under the current law, marriage automatically revokes an existing Will. This means a carefully prepared estate plan can be wiped out overnight, leaving a vulnerable person exposed and allowing the new spouse to inherit under the rules of intestacy if no new Will is made.

"This legal position creates a clear safeguarding risk. Families are often shocked to discover that long-standing Wills no longer apply, particularly where the individual lacked full understanding of the consequences of marriage."

Alongside concerns about predatory marriage, the poll has highlighted confusion around how mental capacity is assessed when making a Will.

More than half of respondents (52%) said there should be one clear legal test for Will-making capacity, reflecting longstanding debate within the legal profession about the complexity and inconsistency of the current framework.

Ms Aslett added: "Mental capacity in the context of Will-making is an area that causes significant confusion, not only for the public but also within the legal profession.

"At present, we operate with different legal tests for different decisions. The test for capacity to marry is a relatively low threshold, while the test for making a Will is more detailed. This disconnect can lead to situations where someone is deemed capable of marrying, but their ability to understand the consequences for their estate is never properly explored.

"In practice, this lack of clarity increases the risk of disputes, contested estates, and costly litigation, often after the individual has died, when it is too late to put matters right."

The findings also reveal strong public backing for clearer professional standards, with 72% agreeing that solicitors should have official guidance on assessing mental capacity when taking instructions for a Will.

This comes at a time when more people are making or updating Wills later in life, often alongside conditions such as dementia or cognitive impairment.

Ms Aslett said: "There is currently no statutory guidance for solicitors on how capacity should be assessed when taking instructions for a Will. As a result, practice can vary significantly, particularly in complex or borderline cases.

"This variability is compounded by the rise in dementia diagnoses and the increasing number of people making or updating Wills later in life.

"Clear, official guidance would support solicitors in making robust capacity assessments, reduce the risk of future disputes, and ultimately better protect clients. It would also help draw a clearer distinction between regulated legal professionals and unregulated Will writers, whose lack of oversight can pose serious risks in sensitive cases involving vulnerability."

Will Aid only works with regulated firms of solicitors, believing this to be the gold-standard of Will-writing.

A national charity partnership between the legal profession and leading UK charities, it encourages people to make or update a Will through participating solicitors in return for a voluntary donation to charity.

Each November, hundreds of solicitors across the UK take part in Will Aid's annual campaign, helping people put their affairs in order while raising vital funds for Age UK, British Red Cross, Christian Aid, Crisis, NSPCC, Shelter, SCIAF and Trocaire.

Since its launch in 1988, Will Aid has helped raise more than £25 million for charity, while promoting the importance of professional, regulated legal advice when making a Will.

Campaigners and practitioners have long argued that automatic revocation of Wills on marriage, combined with unclear capacity thresholds, creates opportunities for abuse and places vulnerable people at risk of financial exploitation.

Ms Aslett said: "The growing public support for reform reflects what practitioners have been saying for some time: the law has not kept pace with modern safeguarding concerns.

"Proposals to prevent automatic revocation of Wills on marriage, and to recognise predatory marriage as a form of financial abuse, would be an important step towards protecting vulnerable people.

"For families concerned about a loved one, early legal advice is crucial. Warning signs should not be ignored, and steps can be taken to review capacity, update estate planning, and put safeguards in place."