To begin with, the current rule that a will is revoked on marriage would be repealed. Marriage would no longer have any legal effect on a will. Spouses will need to consider updating their wills upon or in contemplation of marriage to avoid dying with an out-of-date will.

This change is aimed at “predatory marriages.” It will prevent a person who preys on a vulnerable person who is still able to marry from automatically being included in the estate distribution on an intestacy, which would be the current outcome due to the revocation of a prior will on marriage. However, it will also likely lead to more claims for equalization of net family property and dependant’s relief where spouses fail to update their wills after marriage.