header-logo header-logo

26 March 2020 / James McKean , Andrew Bishop
Issue: 7880 / Categories: Features , Family , Wills & Probate
printer mail-detail

The predatory marriage trap

18317
James McKean, Andrew Bishop & Hollie Richardson highlight the morality & dangers of predatory marriage & probate
  • Individuals without mental capacity can be ensnared in predatory marriages, in this jurisdiction and abroad.
  • Following an unfortunate change to the law in 1971, these marriages are voidable, not void, and cannot be challenged after death. They allow spouses to take the benefit of the intestacy rules. Beneficiaries under any previous wills are disinherited, and largely without recourse.
  • Practitioners should be alert to the testamentary effects of marriage and consider capacity to marry just as they consider capacity to make a will.

The concept of ‘predatory marriage’ may not mean a great deal to English lawyers, and certainly not probate practitioners. But it is a phenomenon which can have serious and permanent testamentary effects.

Take an individual (henceforth ‘A’), whose mental capacity is in doubt. If A marries, the effect of the Matrimonial Causes Act 1973, s 12(c), is that the marriage will not be void, but rather voidable—as in contract

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll