One of the most common causes for an estate dispute is the lack of understanding that marriage or a civil partnership automatically revokes a valid will.

The main exception to this rule is where a will is prepared in specific contemplation of a precise union and confirms it should subsist notwithstanding this event.

Further confusion seems to be caused when looking at divorce. Many believe that divorce revokes a will but it does not. Once a divorce is finalised by virtue of a decree absolute, then the will in question is still valid but the gifts to the former spouse merely fail.

This is the reason why you should be immediately advised to update your will should your marriage or civil partnership sadly breakdown. To many it appears odd that marriage or a civil partnership revokes a will, yet the dissolution of that union does not. 

The legislation governing the law of wills in England and Wales is the wills Act 1837, which came into force on January 1 1938. It has long been felt that relying on legislation that is 187-years-old and commenced during the Victorian era is outdated for today’s society.

Even looking back over the past 50 years or so, our society has changed considerably in its views towards marriage and divorce.

According to the Office for National Statistics, there were 246,897 marriages and 6,879 civil partnerships formed in England and Wales in 2022 compared to 430,678 marriages in 1972.

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This declining trend of couples marrying correlates with the increasing numbers of cohabiting couples. The number of cohabiting couples in the UK increased from 3.1mn in 2014 to 3.5mn in 2024, representing 17.7 per cent of all family households according to the ONS.

While some steps have been taken to respond to these significant societal changes, it is largely regarded that our law relating to wills is long overdue an update.

In addition to what many consider to be outdated legislation, the number of cases issued at the High Court in respect of disputed estates has increased substantially in recent times. 

Many believe it is not a coincidence that the number of disputed estate cases has increased during a period where it is felt the laws relating to wills do not reflect our society’s trends and knowledge about specific rules. 

While there are various issues that have contributed to estate disputes increasing, the predominant factors appear to be: