What is Predatory Marriage & how does it affect Wills & Probate in the UK?
Predatory marriage might not be something you’ve heard of before, but it’s a growing issue in the UK that can have devastating consequences for families.
It happens when a vulnerable person, often elderly or suffering from cognitive decline, is manipulated into marriage by someone looking to exploit them financially.
Why does this matter? Because under UK law, marriage automatically revokes any existing Wills, unless specific steps are taken. This means that a predatory spouse can inherit the entire estate, leaving the victim’s intended beneficiaries with nothing.
This blog will explore what predatory marriage is, the legal loopholes that enable it, how it impacts Wills and probate, key real-life cases, what families can do to protect loved ones, and the legal reforms being called for to prevent future abuse.
What Is Predatory Marriage?
Predatory marriage occurs when someone, often vulnerable due to age, illness, or cognitive decline, is manipulated or coerced into marriage by an individual seeking financial gain. The predator often isolates the victim and ensures the marriage happens without the victim’s family or support network knowing.
In many cases, the victim may not fully understand the consequences of marriage. The legal standard for marriage is lower than for making or changing a Will, creating a dangerous loophole that predators can exploit. This allows someone who cannot make or update a Will to still marry, potentially leaving the victim’s intended beneficiaries without their inheritance.
Predatory marriage is especially concerning because marriage automatically cancels any existing Wills. This means the new spouse could inherit most or all of the victim’s estate under intestacy laws.
The Legal Framework Governing Capacity to Marry
In England and Wales, a person must have the mental capacity to marry. This means they need to understand the basic nature of marriage and give their free and informed consent to it. This requires the person to appreciate the essential aspects of marriage, such as the lifelong commitment and the emotional and legal responsibilities it involves.
However, the law does not require an individual to have an in-depth understanding of the financial implications of marriage or the potential consequences on their estate or Will. As a result, a person who may not fully grasp these important aspects may still be deemed legally capable of marrying.
This discrepancy in legal requirements creates a concerning vulnerability, as someone may lack the mental ability to make or alter a Will, but still be allowed to marry, opening the door to exploitation by predatory individuals.
In Sheffield City Council v E & Anor [2004], the court ruled that a person doesn’t need to understand the financial implications of marriage to have capacity. This means that someone who lacks the mental ability to make a Will can still be considered capable of getting married—an alarming gap in the law that can be exploited.
Under the Matrimonial Causes Act 1973, a marriage can only be declared void if it can be proven that the individual lacked capacity at the time of the marriage or that fraud or duress was involved. However, proving this after the fact is extremely difficult, particularly if the victim has since passed away. This legal gap makes it challenging for families to contest predatory marriages and reclaim their loved one’s estate.
Impact on Wills and Probate
One of the most shocking aspects of predatory marriage is its impact on Wills and inheritance.
Under Section 18 of the Wills Act 1837, when someone gets married, any existing Wills they have made are automatically revoked, unless they specifically state that the Will is made in contemplation of that marriage. This legal rule can have devastating consequences when an individual is coerced into marriage.
Without a valid Will, the estate is distributed according to intestacy rules under the Administration of Estates Act 1925. These rules prioritise the spouse over other family members, meaning a predatory spouse can inherit everything while children, grandchildren, or other intended beneficiaries receive nothing.
Real-Life Cases That Highlight the Problem
Wharton v Bancroft (2011)
An elderly man married his carer just before he passed away, cutting his children out of his inheritance. While there was clear evidence of undue influence, the court ruled that the marriage was legally valid. Since marriage had revoked his previous Will, the carer inherited a significant portion of the estate.
Re Davey (1981)
An elderly man with cognitive decline married a younger woman. His family contested the marriage on the basis that he lacked capacity. The court found that while he had limited understanding, he still met the legal threshold for marriage, highlighting how easy it is for vulnerable individuals to be exploited.
Daphne Franks
Daphne Franks’ mother Joan Blass was secretly married to a much younger man while suffering from advanced dementia. After her death, her marriage invalidated her previous Will, leaving everything to her husband under intestacy laws. Her children were completely disinherited, despite her long-standing intentions to leave them her estate. The case drew widespread attention to the dangers of predatory marriage and the need for legal reform.
What Can Families Do About Predatory Marriage?
If you suspect a loved one is at risk of predatory marriage, there are a few steps you can take:
- Raise Concerns Early
If you notice signs that a vulnerable relative is being manipulated, speak to them and their caregivers. Express your concerns to their GP, solicitor, or other professionals involved in their care. - Apply for a Lasting Power of Attorney
If your loved one still has mental capacity, a Lasting Power of Attorney can help protect their legal and financial affairs. Once in place, it can prevent them from being coerced into signing documents against their Will. - Consider a Deputyship Order
If they have already lost capacity, applying for a deputyship through the Court of Protection can allow family members to manage their affairs and prevent financial abuse. - Monitor Marriage Intentions
While registrars have a duty to assess capacity, families should stay informed about any potential marriages. If you suspect undue influence, alert the registrar and request further scrutiny. - Seek Legal Advice
If a predatory marriage has already occurred, a solicitor can advise on potential legal challenges, such as contesting the marriage’s validity or seeking to reclaim assets through the courts.
How the Law Could Be Changed
Legal experts and advocacy groups are calling for urgent reforms to prevent predatory marriage. Some of the proposed changes include:
- Stopping Automatic Revocation of Wills Upon Marriage
Amending the Wills Act 1837 so that marriage does not automatically revoke an existing Will, ensuring that a person’s previous estate planning remains intact. - Stronger Safeguards in the Marriage Process
Registrars should receive better training to detect signs of coercion or incapacity and be required to conduct more thorough capacity assessments. - Mandatory Public Notice of Marriage Intentions
Bringing back the traditional requirement to publicly announce forthcoming marriages, allowing families to intervene if necessary. - Making Predatory Marriage a Criminal Offence
Introducing a specific offence for predatory marriage, similar to existing laws on financial abuse, to deter exploitative behaviour.
How ELM Legal Services Can Help
At ELM Legal Services, we have helped thousands of clients across England and Wales manage their estates and navigate complex probate issues. Whether you need assistance drafting a Will, protecting a vulnerable loved one, or ensuring your assets are distributed according to your wishes, our experienced team is here to guide you.
Many people overlook the importance of planning for the future, which can lead to unintended consequences for their loved ones. Taking action now can protect your family from legal battles, financial stress, and uncertainty.
Get in touch with us today for expert legal advice. Call 0117 952 0698 or submit a free, no-obligation enquiry to ensure your estate and loved ones are safeguarded.
