Predatory marriage is the practice of marrying an elderly person exclusively for the purpose of gaining access to their estate upon their death.[1] While the requirements for mental capacity to make a valid will are high, in most jurisdictions the requirements for entering into a valid marriage are much lower; even a person suffering dementia may enter into marriage. In many jurisdictions, a marriage arrangement will invalidate any previous will left by the person, resulting in the spouse inheriting the estate.[1]

In the United Kingdom a campaign, Predatory Marriage UK (originally known as Justice for Joan)[2] was started, working to change laws and procedures around marriage to reduce this practice, supported by lawyer Sarah Young[3] of Ridley and Hall.[4][5] The local MP, Fabian Hamilton MP, introduced a bill in Parliament during 2018 entitled the Marriage and Civil Partnership (Consent) Bill,[6] to establish that marriage should no longer always revoke a previous will and have introduced other protections against predatory marriage.[7] The bill was passed but ran out of parliamentary time, but work is continuing.[8][9]

See also

References

  1. ^ a b What You Need To Know About Predatory Marriages, Huffington Post Canada, 30 May 2017
  2. ^ "Predatory Marriage UK : Reforming marriage laws and procedures to protect people with dementia". Predatory marriage UK. Retrieved 4 October 2021.
  3. ^ "Sarah Young". Ridley & Hall Solicitors | Huddersfield | Leeds | Pontefract | West Yorkshire. Retrieved 2020-03-21.
  4. ^ "Predatory Marriages; Elder Financial Abuse". Ridley & Hall Solicitors | Huddersfield | Leeds | Pontefract | West Yorkshire. 2018-06-21. Retrieved 2020-03-21.
  5. ^ "Predatory Marriage – Campaign for Change in the Law". Ridley & Hall Solicitors | Huddersfield | Leeds | Pontefract | West Yorkshire. 2018-11-21. Retrieved 2020-03-21.
  6. ^ "Marriage and Civil Partnership (Consent) - Hansard". hansard.parliament.uk. Retrieved 2020-03-21.
  7. ^ World News Empire, MP calls for 'predatory marriage' law change published 21 November 2018, accessed 31 October 2019
  8. ^ Moore, Anna (15 September 2021). "Daphne Franks: the woman who lost her much-loved mother to a predatory marriage". The Guardian. Retrieved 4 October 2021.
  9. ^ "The Guardian view on predatory marriage: new safeguards are needed". The Guardian. 3 October 2021. Retrieved 4 October 2021.