In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, explore the increasingly concerning issue of predatory marriage, where vulnerable individuals, often elderly or lacking mental capacity, are targeted, manipulated, and in some cases coerced into marriage with serious legal consequences.

They discuss the typical fact pattern in these cases and examine how marriage can unintentionally revoke an existing will, creating a risk of intestacy and potentially diverting estates to individuals who have exploited a position of trust. The conversation considers how this outcome arises from the intersection of longstanding legal principles, often with unintended and distressing consequences for families.

The episode also explores the complex interplay between the legal tests for capacity to marry and capacity to make a will, highlighting the lower threshold required for marriage and the vulnerabilities this can create in practice. Samara and Philippa reflect on how these differing standards can be exploited, and why the current legal framework has been criticised as leaving a significant gap in protection.

They go on to consider the practical and legal challenges in addressing predatory marriage, including the role of registrars, the evidential difficulties in challenging the validity of a marriage, and the options available where concerns arise. These include preventative steps, applications to the Court of Protection, forced marriage protection orders, and the use of statutory wills.

Finally, the discussion turns to proposed legal reforms aimed at addressing these issues, including recommendations to remove the rule that marriage revokes a will, and whether these changes will go far enough to protect vulnerable individuals.

As ever, the episode highlights the sensitive and often distressing realities that sit behind these cases, as well as the importance of early advice and careful navigation of overlapping areas of law.

Stay tuned. New episodes are released on the last Monday of each month.

For questions or feedback, please contact us at lawtorn@collyerbristow.com