In a revealing article for NLJ, the trio explain how individuals without mental capacity can be ensnared in a predatory marriage, both in this jurisdiction and abroad. These marriages are voidable not void and therefore cannot be challenged after death. Beneficiaries under previous wills are disinherited, largely without recourse. Consequently, practitioners should consider capacity to marry as they consider capacity to make a will. They outline recent caselaw and suggest practical points for lawyers to consider.
The article’s
authors are campaigning on the issue, and seeking to revive attempts to reform
the law―a previous private member’s bill ‘withered on the parliamentary vine’.
Should readers wish to support or find out more, please email: Andrew.Bishop@shoosmiths.co.uk.
The NLJ article can be found at: https://www.newlawjournal.co.uk/content/the-predatory-marriage-trap.
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