The term “predatory marriage” refers to someone marrying a vulnerable adult, often an older person with diminished mental capacity, for financial or personal gain. It is a hidden threat that is often overlooked, yet it is increasingly common.  This kind of exploitation is particularly concerning because, under current UK law, marriage automatically revokes a Will. This means a predatory spouse may inherit most or all of their victim’s estate, even if family members were previously named as beneficiaries.

Under the Law Commission’s recent proposals, the rule that marriage automatically revokes a Will would be abolished, allowing individuals to retain their existing Will even after marriage. 

Mental capacity in marriage

To marry legally in the UK, a person must have the mental capacity to understand the nature of marriage and its consequences. However, the legal threshold for capacity to marry is surprisingly low compared to that for making a Will. A person may lack the ability to manage their finances or understand complex legal documents, yet still be deemed able to consent to marriage.

This creates a legal loophole where someone with limited understanding can be manipulated into marriage, with devastating consequences.

Warning signs to look out for

  • Sudden appearance of a new partner, particularly if the individual is significantly younger or appears overly interested in the person’s financial affairs.
  • Isolation from family or trusted friends, often orchestrated by the new partner.
  • Changes in behaviour, including confusion or anxiety when asked about the relationship.
  • Talk of marriage without clear understanding of what it means or why it is happening.
  • Previous diagnosis of dementia or cognitive decline.

What can families do?

  1. Seek legal advice immediately. Time is critical, especially if the marriage has not yet taken place.
  2. Keep lines of communication open with the vulnerable person where possible.
  3. Consider a mental capacity assessment to establish the vulnerable person’s ability to consent.
  4. Alert the Registrar if a wedding is planned—they have discretion to delay the ceremony if capacity is in question.
  5. Apply to the Court of Protection if necessary, to protect the vulnerable person’s rights.

Campaigners have long called for marriage to no longer revoke a Will, and for greater safeguarding around capacity assessments. Until such changes are made, awareness remains the most powerful tool families have to prevent exploitation.

Our Private Client solicitors are trained to look out for any red flags where we suspect that someone may be being emotionally abused or subject to predatory behaviour when discussing their financial affairs.

To discuss Wills further, please contact our Private Client team on 01245 228125 or email privateclientenq@gepp.co.uk