You may have seen recent news articles regarding Daphne Franks and her campaign to change the law to better protect victims of predatory marriages. Daphne Franks’ mother (Joan) was a victim of a predatory marriage in 2015. At that time, Joan was a vulnerable 87-year-old living with dementia. A man befriended her, isolated her from her family and married her secretly. When Joan died, her new husband inherited her estate, because her previous Will was automatically revoked when she married. To try to protect vulnerable individuals from this situation, Daphne is asking for a change in law which prevents Wills from being automatically revoked on marriage.
Solicitors for the Elderly (Solicitors for the Elderly) is a membership organisation for specialist solicitors who support older and vulnerable people. They have commented:
“Daphne Frank’s devasting account of her mother falling victim to a predatory marriage highlights the need for better protection of vulnerable people who could be targeted by abusers. Members of Solicitors for the Elderly (SFE), the national membership body which supports older and vulnerable people, has seen an increase of 13% in these types of cases. Which is a huge cause for concern!
As it stands, there are little protections in place that help the victim and their loved ones. Once a wedding has occurred, it’s difficult to protect the vulnerable person in question; even with proof of coercion or proof of the victim’s lack of mental capacity. Relatives could also face an emotional and expensive process if they wish to reclaim their loved one’s estate after they’ve passed.
To protect vulnerable people and stop predatory marriages from happening, we need to ensure capacity testing is thorough and that registrars have sufficient training to spot potential predators who could be taking advantage of someone.
If you suspect a family member or loved one has entered a predatory marriage, it’s important you raise your concerns with them, and try to encourage an annulment. If the person in question doesn’t have adequate mental capacity to do so, you can make an application to the court of protection.
Similarly, they should also be encouraged to make a new will as the marriage will have revoked any previous will. If a person doesn’t have capacity to make a will, an application for a statutory will can be made to the court of protection, although this is trickier.
These steps can’t fully prevent a predator from marrying and financially or emotionally abusing you or a loved one. However, conversations centred around your later life wishes are a good step to take as preventative measure. Formalising these by drafting wills or Lasting Powers of Attorney (LPAs) will give you, or your loved one, a higher level of protection should you, or they, ever lose capacity.
Where possible, you should always speak to a specialist lawyer experienced in this area of law when putting legal protection in place. They’ll be able to provide the best advice on what’s needed according to your situation.”
Our Charlotte Searle specialises in advising elderly and vulnerable clients and is a member of Solicitors for the Elderly.