Predatory marriage: what families need to know

Most marriages are entered into freely and with love. However, concerns are growing about situations where a vulnerable person is encouraged or manipulated into marriage by someone who may be motivated by financial gain. This is often referred to as “predatory marriage”. It can be deeply distressing for families, particularly because the legal consequences may only come to light after the vulnerable person has died.

What is predatory marriage?

It is a phrase used to describe a situation where someone targets a vulnerable adult, often an older person or someone experiencing cognitive decline, and persuades them to marry for financial or personal advantage. It is not a separate legal offence.

The person entering into the marriage may appear to agree to it, but there may be concerns about pressure, isolation, confusion, lack of understanding, or undue influence. These cases can be difficult because the marriage may have taken place privately, and family members may not know about it until much later.

Why can it be such a serious legal problem?

One of the most significant and little known risks is that, under the current law in England and Wales, marriage will automatically revoke an existing Will unless the Will was made in contemplation of that particular marriage. If no new valid Will is made after the marriage, the estate may pass under the intestacy rules. This can mean that a new spouse receives a substantial share of the estate, or in some cases all of it, even if that was not what the vulnerable person had intended.

This can come as a terrible shock to relatives who believed there was a valid Will in place. It can also be particularly difficult where the vulnerable person had previously made careful arrangements for children, grandchildren, charities or other loved ones.

The warning signs

Every situation is different, and a new relationship in later life should not automatically be viewed with suspicion. However, the following signs may justify careful and sensitive enquiry:

• A vulnerable person becomes increasingly isolated from family or long-standing friends.
• A new partner appears to control visits, phone calls, finances or appointments.
• There is sudden talk of marriage, especially where the relationship is new or has developed quickly.
• The person seems confused about the relationship, the wedding, or the financial consequences of marriage.
• There are unexplained changes to bank accounts, property arrangements, care plans or legal documents.
• Family members discover that a marriage has taken place without notice or explanation.

What can you do if you are worried?

If you are concerned that a loved one may be at risk, it is usually best to act promptly and calmly. Practical steps may include:

• Keep clear notes of dates, events and conversations that have caused concern.
• Try to speak to the person privately and sensitively, without making assumptions.
• Encourage them to take independent legal advice about Wills, powers of Attorney and the effect of marriage.
• Check whether there is a valid Lasting Power of Attorney in place and whether attorneys are acting appropriately.
• Consider safeguarding concerns if the person may be experiencing coercion, abuse, neglect or financial exploitation. It may be appropriate to refer the concerns to the relevant Local Authority.
• Seek urgent legal advice if a marriage is proposed, has recently taken place, or if the person’s capacity is in doubt as it may be possible for the marriage to be challenged and steps taken to protect the vulnerable person and their position prior to their death.
• Where the person has died, family members may need advice on whether there are any possible claims relating to the estate.
• These cases can be complex, time-sensitive and emotionally difficult, so specialist advice should be sought as soon as possible.

Due to increasing publicity and concerns surrounding the issue of predatory marriages and its impact on families, the law has recently been reviewed under Law Commission: Modernising Wills Law (Law Com no 419). One key recommendation is the proposal to stop marriage from automatically revoking a Will. Such a change could help reduce the inheritance risk in some cases, however it is always recommended that advice is sought regarding Estate Planning, Wills and Lasting Powers of Attorney, because early action can make a significant difference in protecting a loved one’s wishes, dignity and estate.

Get in touch with our experts

If you need help or advice for preparation of Wills or Lasting Powers of Attorneys please contact our team on 01202 525333.

If you are concerned about a vulnerable relative or friend, please contact either our specialist Court of Protection team on 01202 525333.