A predatory marriage occurs where someone makes the decision to marry a vulnerable and/or elderly individual to eventually inherit their estate. Quite often, the vulnerable person’s family is unaware until it is too late and it can be devastating for the individual involved and their family.
The Current Law
Marriage revokes a Will, so if the vulnerable person has previously made a Will and then marries, the Will is revoked. If the vulnerable person doesn’t make a new Will, then the predatory spouse will inherit under the Intestacy Rules.
Often people don’t realise that marriage revokes a Will and where the person is elderly and/or vulnerable they may not then be able to make a new Will due to issues with their capacity to do so.
Unfortunately, the test for capacity to marry is far lower than the test for capacity to make a Will.
It is important to remember, that if a person makes an unwise decision or choice, this does not necessarily mean that they do not have capacity to make that decision.
How Can We Stop This Happening?
Preventing a predatory marriage is not easy.
However, keeping in touch with vulnerable friends and family, and openly discussing new relationships will be extremely important and may help draw attention to any potential problems.
The Local Authority have safeguarding teams and are able to receive reports from concerned individuals so that they can then take the appropriate action. It may also be necessary to involve the police.
Often, a capacity assessment needs to be carried out to determine if the vulnerable person has the capacity to make the decision to marry. However, as mentioned above, unfortunately the test for marriage is extremely low.
Lasting Powers of Attorney
Having a Lasting Power of Attorney or Court of Protection Order (if they already lack capacity) can assist with protecting our vulnerable loved ones, as they ensure that there are third parties involved in the management of that person’s affairs, which would likely be off putting to a predatory potential spouse for fear of being caught out.
How Can We Help?
If you would like assistance with the preparation of Lasting Powers of Attorney or a Court of Protection Order, contact the team on freephone 0800 011 6666 or email legal@timms-law.com. Alternatively, you can visit the Wills and Probate section of our website here.
