Trapped by ‘I do’

Predatory marriages are exploiting the weaknesses of current wills law: Sarah Everington, Alex Adams & Farida Hindi set out what can be done to safeguard vulnerable adults

Predatory marriage weaponises English law’s automatic will-revocation and intestacy rules to trap isolated or cognitively impaired adults into unions for financial gain.
Pre- or post-nuptial agreements, capacity assessments and marriage-caveats can flag undue influence, but remain non-binding without robust legislative backing.
The Law Commission’s 2025 proposals to abolish will-revocation on marriage and shift the burden of proving undue influence seek to deter exploiters and uphold vulnerable testators’ wishes.
Until then, proactive legal advice, regular familial engagement and increased public awareness remain the most effective tools of prevention.

Legal practitioners are increasingly finding themselves at the intersection of safeguarding vulnerable individuals and navigating complex legal frameworks. Recent developments and highly publicised debates such as the assisted dying Bill and the Law Commission’s 2025 ‘Modernising Wills’ report have reignited national discussion around the protection of vulnerable adults during

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

Trapped by ‘I do’

Predatory marriages are exploiting the weaknesses of current wills law: Sarah Everington, Alex Adams & Farida Hindi set out what can be done to safeguard vulnerable adults

Predatory marriage weaponises English law’s automatic will-revocation and intestacy rules to trap isolated or cognitively impaired adults into unions for financial gain.
Pre- or post-nuptial agreements, capacity assessments and marriage-caveats can flag undue influence, but remain non-binding without robust legislative backing.
The Law Commission’s 2025 proposals to abolish will-revocation on marriage and shift the burden of proving undue influence seek to deter exploiters and uphold vulnerable testators’ wishes.
Until then, proactive legal advice, regular familial engagement and increased public awareness remain the most effective tools of prevention.

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

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS

Read All

NLJ this week: Divorce ‘nuclear weapon’ freezes assets but entangles outsiders

Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners

NLJ this week: What counts as ‘rent’? Court says labour alone won’t do

A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent

NLJ this week: Freed but failed—justice system leaves the innocent empty-handed

Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’

NLJ this week: Clarity on whistleblowing, settlements and tribunal limits

A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’

NLJ this week: Family law urged to ditch adversarial instincts

Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients

Error message

Trapped by ‘I do’

MOVERS & SHAKERS

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Ward Hadaway—Matthew Morton

Thomson Hayton Winkley—Nina Hood