• March 29, 2024
 Predatory Marriages On The Rise

Predatory Marriages On The Rise

In the UK, the rise of ‘predatory marriages’ – where a person coerces an elderly person who may suffer from dementia (or similar illness that affects decision making) into marriage for financial gain – has sparked a call for family members to remain vigilant.  

Under English Law, marriage overrides any Will previously undertaken by a person. Meaning the widow/er is entitled to significant amounts of the deceased’s estate without their wishes being taken into account. 

This can often take the family of the deceased by surprise, as often these marriages take place in secret. 

Solicitor Sarah Young explained: 

“What seems to happen is you have an elderly person who lives alone in their own home and someone will effectively make a move. It could be a carer, a friend, or neighbour whereby the relationship may genuinely start with assistance, but small behaviours gradually escalate over time. 

“For example, borrowing money, taking gifts, or the transfer of property, and in some cases that can lead to the elderly person entering into a marriage without necessarily understanding.” 

Sarah goes on to say: 

“More should be done to educate others and raise awareness of the issue [predatory marriage].” 

However, with this rise in predatory marriages, there is also seemingly a rise in the number of contested Wills. 

According to research carried out by Direct Line Life Insurance in 2018, a quarter of individuals would be prepared to challenge a Will if they were unhappy about the disposition of an estate under a Will.  

The research also showed that the most common challenge set out in the caveat was ‘undue influence’. 

It’s vitally important that if you’re drafting a Will you need to ensure that it is the Testator’s true wishes you’re noting down, and not that of a third party who wish to exploit them for financial gain. 

Jennifer van Deursen