Predatory Marriages - To Have, But Not to Hold
In a growing aging population, many of the elderly are suffering long-term health conditions which affect their decision-making.
Disturbingly, something being reported more frequently is predatory marriages; where a vulnerable person is induced to marry for the financial benefit of their new spouse.
How Can This Happen?
Predatory marriages are often carried out in secret and the vulnerable person's loved ones may not be aware that a marriage has taken place. This is alarming in itself, but there are also significant financial consequences for the beneficiaries of the vulnerable person's estate, as highlighted below.
Albert's Marriage
Albert has one daughter, Barbara, and he prepared his Will in 2015 leaving his entire estate to her. Albert was diagnosed with dementia in late 2019 and moved into the local care home in February 2020 for additional care and support.
Catherine, a Care Assistant at the nursing home, built a rapport with Albert. Albert did not understand that Barbara was prevented from visiting him due to Covid-19 restrictions. Catherine took advantage of the situation and arranged to take Albert outside of the nursing home. Unbeknown to the care home or Barbara, Albert and Catherine married in September 2020 when the COVID-19 restrictions were slightly eased, whilst taking advantage of the limited attendance rules.
Albert died in December 2020. Catherine informed Barbara of the marriage after his death and, as Albert's 2015 Will was automatically invalidated as a result of the marriage, Catherine is now entitled to all of Albert's estate under the intestacy rules* as his spouse. Whilst Catherine has been dismissed from her job and Barbara has reported her to the police, the marriage cannot be made void after Albert's death.
Can a Predatory Marriage Be Nullified?
Nullifying a marriage is possible but only whilst the vulnerable person is alive. If nullified, although they will be free of the marriage, the effect of the marriage will still have revoked any previous Wills that the vulnerable person made. So a new Will should be immediately made, free of the influence of the predator, if the vulnerable person still has capacity to do so. Sadly, in many cases they do not.
What Can Be Done if You Have Concerns About Someone?
Being alive to concerns like this and keeping in regular touch by telephone or video calls with the vulnerable is a vital way, amongst other measures, of checking that the vulnerable are not falling victim to a predatory spouse or other abuse.
If you have specific concerns, act quickly. If the vulnerable person is still alive and has entered a predatory marriage, but does not have capacity to make a new Will, a specialist Statutory Will application can be made to the Court of Protection, asking the Court to make a new Will which meets the vulnerable person's best interests. Statutory Will applications are highly specialist and legal advice should be sought at the earliest opportunity. Unfortunately, if the vulnerable person has already died, the options to rectify things are very limited and a Statutory Will application is no longer possible.
* If Albert's estate were worth over £270,000 then some of his assets would pass also to Barbara.