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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll