In light of the development that the Law Commission has launched a new public consultation on predatory marriage, more and more people are becoming aware of the increasing number of people affected by it. We look at what predatory marriage is, the impact it can have, why it may be on the rise and what you can do to safeguard yourself and other family members.
The definition of a predatory marriage
A predatory marriage refers to a situation where one person purposefully pursues another, more vulnerable person and marries them in order to access the other’s financial assets when they die. The more vulnerable person could be elderly or have a form of limited mental capacity, and did not intentionally provide their full consent to enter into the marriage. At the moment, the act of getting married supersedes any Will that was previously in place, making way for a clear motivation from coercive partners.
How predatory marriage can make an impact
As it stands, a marriage revokes a Will which means that it will no longer be valid when the person who it relates to dies. The only way in which this may change is if a new Will is made. In cases without a new Will, the spouse of the deceased will inherit all of the estate if it is worth less than £270,000. If the estate is worth more than £270,000, the surviving partner will inherit the first £270,000, plus half of the remainder of it if their former spouse has children.
If there are no surviving children, then the entire estate will be passed on to the spouse who will also inherit the personal property belonging to the deceased. The deceased’s spouse will also be able to administer their estate and handle their funeral.
Why is predatory marriage on the rise?
As the aging population increases and more elderly people suffer from conditions such as Alzheimer’s disease and other forms of dementia, it can be argued that there is a larger number of people without the required capacity to make an informed decision on getting married, thus leaving them open to fraudsters.
Recently, there have been a number of high-profile predatory marriage cases, that have left family members distressed and upset that their elderly relative has been coerced by someone aware of the legal loophole.
What you can do
While there are calls for reform to train registrars to spot warning signs, to introduce more safeguarding measures ahead of marriages, and to amend the Wills Act 1937, there are no official changes to the law as it is.
If there is a relationship you are concerned about and it is in the early stages, then try to keep an eye out for the potential red flags. This could be someone with ‘too good to be true’ nature and behaviours who are typically very charming and engaged. They may appear to want to do anything for your relative or friend. While well-meaning people do exist, you should always be cautious, especially if this is a new relationship. Overtime, they may begin to make more decisions on behalf of their partner and become the one who handles all the finances in the relationship.
If you think a family member has the potential to become involved in a predatory marriage, or they have already passed away and you wish to make a claim against their surviving spouse, then you should get in touch with a family law expert or speak to charities such as Refuge for more support and guidance.