What is Predatory Marriage?

Forced marriage is defined as where one or both people do not or cannot consent to the marriage. Many people might think that such a concept would not be relevant to them and is generally a practice that happens outside the UK. But is that true? Could you or your family be at risk? Well, possibly yes.

Predatory marriage

Predatory marriage is where one person, usually much younger, intentionally induces a vulnerable adult into marriage with a view to inheriting money or assets from them. A common scenario is where an elderly person has a carer to look after them and then becomes increasingly reliant on them. The carer then compels the elderly person to marry them, either because they feel so reliant on the carer or because they simply do not understand what is happening.

It would be reasonable to assume that no one would officiate a wedding where a party does not have full mental capacity – unfortunately that is not the case, particularly as people without capacity often have lucid moments.

How does marriage affect a Will?

A marriage revokes an existing Will unless the Will has been made in contemplation of the impending marriage. So, if no new Will is made and the vulnerable adult dies, they are likely to be considered to have died without a Will (intestate).The spouse will then inherit the first £322,000, all of the personal chattels and half of the remainder of the estate.

The spouse would also likely be the one to arrange the burial and funeral.

Capacity

The capacity required to get married and the capacity to make a Will are two different tests. To get married, a person is required to understand the marriage contract and have the capacity to have sexual relations. To make a Will, they need to understand the nature of making a Will, the extent of their estate and what will happen to their assets upon death.

Due to the differing tests, it can happen that once married, the existing Will is revoked and then they are unable to make a new one. One of the worst parts of predatory marriage is that quite often, the family are not aware of it – even if they are in regular contact with the family member.

What’s next?

Predatory marriage is the focus of a Law Commission review to see whether the automatic revocation of the Will on marriage rule should be abolished. Doing so would protect the victim’s estate and wishes that were documented in a Will prior to the marriage. However, this would also affect a spouse in genuine marriages where a new Will wasn’t drafted in time. The spouse would be able to bring a claim under the Inheritance (provision for Family and Dependants) Act 1975, however bringing a claim can be costly and emotionally exhausting.

At Fraser Dawbarns, we are looking forward to the Law Commission’s recommendations which are expected in early 2025.

What can you do?

If you discover that your family member entered into a marriage but lacks capacity, the Court of Protection can make an order for a Statutory Will. The Court would be concerned with the welfare of the vulnerable adult rather than the desires of the potential beneficiaries. Alternatively, adult children can bring a claim under the 1975 Act.

Why choose Fraser Dawbarns?

We can provide you with clear advice on what to do if you are worried about a vulnerable adult or if you discover that a family member has entered into a predatory marriage.

Further, we can advise you on whether or not you have a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

If you would like advice on anything contained within this article, please contact the Dispute Resolution department.

How To Contact Us:

To contact a member of our team, you can fill in our online enquiry form, email info@fraserdawbarns.com, or call your nearest office below. If you’d like to speak to a member of our team at one of our offices across Norfolk and Cambridgeshire, visit our offices page.

Wisbech: 01945 461456

March: 01354 602880

King’s Lynn: 01553 666600

Ely: 01353 383483
Downham Market: 01366 383171

This article aims to supply general information, but it is not intended to constitute advice. Every effort is made to ensure that the law referred to is correct at the date of publication and to avoid any statement which may mislead. However, no duty of care is assumed to any person and no liability is accepted for any omission or inaccuracy. Always seek advice specific to your own circumstances.  Fraser Dawbarns LLP is always happy to provide such advice.