What Is A Predatory Marriage
‘Predatory Marriage’ What Is It? And How Does It Effect My Estate And Assets? Trainee Solicitor Molly Evans Discusses In her Latest Blog…
What Is Meant By A Predatory Marriage?
There has been a rise in cases recently where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones, in order to access their new spouse’s estate and assets under the intestacy rules. This is known as a ‘predatory marriage’ and can be devastating not only for the victim, but also for their families. Legal issues involving predatory marriage have been in the news recently, with calls for changes in the law to ensure greater protection for vulnerable people.
The Current Law
The law currently states that a marriage will revoke any existing Will. Where a predatory marriage has occurred, it may be that the victim does not have capacity to make a new Will setting out their wishes following a marriage. This can happen because the test for capacity to enter a marriage is far less than the test for testamentary capacity to make a Will. In this instance, the victim’s estate and assets would pass automatically to their new spouse under the laws of intestacy, which may not be what they would want. This issue is sadly becoming more commonplace due to our ageing population and the rise in cases of Dementia.
How Could The Law Be Reformed?
Most obviously, the law could be changed so that marriage does not automatically revoke a previous Will. To go one step further, there could also be a criminal offence created as a deterrent against this type of fraud. This is exactly what Daphne Franks campaigns for, who took to the media in 2021 to raise awareness after she lost her mother to a predatory marriage. Her mother was 87 and had dementia when a man befriended her, married her quietly and inherited her estate when she passed away.
How Can We Help To Protect The Vulnerable?
There are no easy answers when it comes to predatory marriage but keeping in touch with your vulnerable family members and discussing relationships with them regularly is very important. Local Authorities do have a duty to safeguard vulnerable adults in their area, and this includes protecting them from financial and emotional abuse. Where reasoning and communication proves impractical, family members should raise an alert with their Local Authority as well as carry out regular checks at their local registry office if concerns become acute. It may be sensible to arrange a mental capacity assessment if concerns are serious so that the necessary evidence can be produced to prove that any marriage is “voidable” and could be annulled.
If you are worried that a vulnerable family member is being taken advantage of in this way, we recommend that the advice of a solicitor is sought to discuss the options available to you. Depending on your situation, this may include arranging Lasting Powers of Attorney or a Deputyship application for the management of their affairs through the Court of Protection. You should always speak to a specialist lawyer experienced in this area of law when putting legal protection of any kind in place.
How Can We Help?
If you wish to discuss the issues raised in this blog then please do not hesitate to contact me. You can reach me on 01332 364436 or by email at m.evans@timms-law.com. Alternatively, you can visit the Wills and Probate section of our website here.
April 2022