The Rise of Predatory Marriages: A Call for Reform

The Law Commission is taking a closer look at the rise of predatory marriages, where vulnerable individuals are induced to marry for financial gain. Currently, under English Law, a marriage automatically cancels out any existing will, leaving the vulnerable party at risk of dying intestate and the surviving spouse able to claim a significant portion of the estate.

While there is a call for reform to protect against predatory marriages, simply revoking the rule that cancels out existing wills could lead to a host of new problems. Outdated wills that no longer reflect current family structures could result in a surge of litigation under the Inheritance Act 1975, as surviving spouses seek a fair share of the estate.

The Law Commission has considered various alternatives, including allowing individuals to opt out of the rule when making their will or raising the legal threshold for capacity to marry. However, a more tailored solution may be needed to address the issue of predatory marriages post-death, ensuring that those who prey on the vulnerable cannot benefit from their actions.

Nicola Bushby, a Partner at law firm Boodle Hatfield, emphasizes the importance of protecting the elderly and vulnerable from predatory marriages while also preserving spousal rights. Vigilance and legal remedies are available for those who suspect a loved one is being coerced into a predatory marriage or forced to make a will, but a comprehensive approach is needed to address the root of the problem.