Financial abuse & predatory marriages

What are predatory marriages?

Predatory marriages occur when an individual enters into a marriage with someone who may be vulnerable, often with the primary aim of gaining financial benefit. These situations typically involve individuals who lack the mental capacity to understand the nature or consequences of marriage, making them susceptible to exploitation.

Who Is at risk?

Elderly individuals: Those experiencing cognitive decline or living with dementia are particularly vulnerable. Predatory marriages often occur when an unscrupulous person seeks to exploit someone in the later stages of life.
People lacking mental capacity: Individuals unable to comprehend or consent due to mental health conditions or disabilities are at heightened risk.
Socially isolated individuals: Those without a strong support system or family presence may be easier targets for financial manipulation.

How do predatory marriages exploit vulnerable individuals?

Financial manipulation

Predatory marriages are often orchestrated to take control of an individual’s estate or assets. This can include:

Gaining access to bank accounts and savings.
Inheriting property or valuables.
Excluding family members from their rightful inheritance.

Impact on wills

A marriage revokes all previous wills under Section 18(1) of the Wills Act 1837. If a new will is not created, the person’s estate will pass by the rules of intestacy, often benefiting the predatory spouse disproportionately. This issue persists even if the marriage is later annulled, as the earlier will cannot be reinstated.

Emotional Exploitation

Beyond financial motives, predatory marriages often involve manipulation of the individual’s emotions to isolate them from family or trusted advisors.

Legal challenges of predatory marriages

Predatory marriages pose complex legal challenges, particularly around the validity of the marriage itself and the far-reaching effects it can have on wills and inheritance. Addressing these challenges requires a clear understanding of the law and a proactive approach to protecting vulnerable individuals.

Voidable, not void: A legal distinction

Under the Nullity of Marriage Act 1971, a marriage entered into by an individual who lacks the mental capacity to consent is classified as voidable, rather than automatically void. This distinction is crucial for understanding the legal implications:

A void marriage is treated as invalid from the start, meaning it has no legal effect.
A voidable marriage is legally recognised until it is formally annulled by the court.

This means that even if the marriage was unlawfully entered into, it remains legally binding until annulled. During this time, it can have significant legal consequences, especially in relation to the individual’s estate and previous wills.

Impact on wills & estate planning

Revocation of previous wills

Section 18(1) of the Wills Act 1837 stipulates that marriage automatically revokes any prior wills. This rule applies even if the marriage was predatory or unlawful.

If the individual does not create a new will after the marriage, their estate will be distributed according to the rules of intestacy. The predatory spouse often stands to gain the majority of the estate through intestacy, even if the marriage is later annulled.

Irreversible Effects on Estate Distribution

Once a will is revoked by marriage, it cannot be reinstated, even if the marriage is annulled. The leading case on this matter, Re Roberts [1978] 1 WLR 653, confirms that the annulment of a voidable marriage does not retroactively reinstate a prior will. This creates significant complications for family members and dependants.

Challenges Under Intestacy Rules

If the individual dies without a new will, the intestacy laws in England and Wales dictate that the surviving spouse inherits a significant portion of the estate. This includes:

The first £270,000 of the estate outright.
Half of the remaining estate, with only the balance distributed to other family members.

Limited options for challenging asset distribution

While family members may pursue claims under the Inheritance (Provision for Family and Dependants) Act 1975, these claims are not always successful. The Act provides for reasonable financial provision, but courts may not award sufficient compensation to offset the loss caused by the predatory marriage.

The urgency of legal action

The legal challenges surrounding predatory marriages highlight the urgency of timely intervention. Protecting a vulnerable individual and their estate requires swift and decisive legal action, including:

Annulment of the voidable marriage.
Drafting a new will or applying for a statutory will if the individual lacks capacity.
Investigating potential financial abuse to build a strong case against the predatory spouse.

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How Anthony Gold Solicitors can help with financial abuse & predatory marriages

When dealing with predatory marriages, time is of the essence. The longer such a marriage remains unchallenged, the greater the financial and emotional damage. At Anthony Gold Solicitors, we offer expert legal support to address the unique challenges these situations present, safeguarding both vulnerable individuals and their estates.

Drafting a new will

If a predatory marriage has occurred, creating a new will is essential to protect the individual’s assets:

For those with capacity: Our solicitors work with the individual to draft a legally valid will that reflects their true intentions, ensuring their estate is distributed according to their wishes.
For those lacking capacity: When the vulnerable person cannot make a new will, we can apply for a statutory will through the Court of Protection. A statutory will allows a court-appointed deputy or family member to ensure the individual’s estate is protected.

Statutory wills: A swift & effective solution

In urgent situations, where the individual’s health or capacity may further deteriorate, our team can act quickly:

Interim Statutory Wills: These can be secured within hours in emergencies, providing immediate protection for the estate.
Comprehensive Statutory Wills: A full statutory will can be finalised within months, safeguarding long-term interests.

Our experience in Court of Protection matters ensures that the process is handled efficiently and with the utmost care for the individual’s well-being.

Annulment of voidable marriages

To fully address the financial and legal consequences of a predatory marriage, annulment is often necessary. Our team can:

Apply for annulment under the Nullity of Marriage Act 1971, proving the individual lacked the capacity to consent.
Guide families through the annulment process to ensure the marriage is formally voided as quickly as possible.
Provide ongoing support for related disputes, such as those involving estate distribution or financial abuse.

Investigating & challenging financial exploitation

Predatory marriages often involve complex patterns of manipulation and abuse. Our team can:

Investigate suspicious financial activity to build a case against the predatory spouse.
Collaborate with family members, carers, and other professionals to document evidence of exploitation.
Advise on further legal remedies, such as claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Expertise in Court of Protection cases

Anthony Gold Solicitors is a leader in handling Court of Protection matters. Our team’s expertise includes:

Representing clients in cases involving vulnerable individuals and mental capacity disputes.
Liaising with the Official Solicitor, local authorities, and other stakeholders to secure the best outcomes.
Managing substantial funds on behalf of clients, including those from personal injury claims or other settlements.

Why choose Anthony Gold Solicitors?

Recognised expertise: Ranked as a leading firm in Legal 500 and Chambers and Partners, our team is known for its skill and dedication.
Compassionate support: We understand the emotional toll these situations take on families and provide empathetic, client-centred legal solutions.
Proven results: Our solicitors have helped countless clients resolve complex predatory marriage cases and protect their loved ones’ assets.