Predatory marriage is one in which one party is vulnerable and has been induced to enter into it by the other party who will gain financially from it.

It happens when an older person is targeted either by a male or female predator. It is not a gender specific issue.

Under the law in England and Wales, such a marriage would revoke any earlier will, unless such a will was made in contemplation of the marriage.

Although a predator may be looking for financial reward, it is often not the sole motive. The predator is often clever, cunning and charming, and uses coercion, control and ‘gaslighting’.

A typical case of predatory marriage is illustrated by the story of Joan Blass. Joan was 91, with severe dementia and terminal cancer. After her death in March 2016 Joan’s family found that a much younger man, aged 68, had secretly married her five months previously. This is a common theme. Often family members do not discover that the victim was married until after their death.

Warning signs

Often predators will move into the victim’s home. They try to allay friends and family’s fears by asserting that they are a carer. They can often convince the police, doctors or social services that they are acting in the best interests of the victim. Often a victim is compliant and will have been controlled by the perpetrator to give the ‘right answers’ to public services.

According to government guidance issued in 2022, potential indicators of financial abuse include:

• A change in living conditions
• A lack of heating, clothing or food
• An inability to pay bills or an unexplained shortage of money
• Unexplained withdrawals from an account
• Unexplained loss or misplacement of financial documents
• The recent addition of authorised signers on a vulnerable person’s signature card
• Sudden or unexpected changes in a will or other financial documents

Often perpetrators will have access to the victim’s bank account by use of a secret PIN number. The victim is often induced to:

• Change a will
• Amend a Lasting Power of Attorney or
• Make financial or property transactions in favour of the perpetrator.

If a solicitor suspects that a client’s instructions are the result of coercion or pressure, they cannot act unless they have satisfied themselves that the instructions are clearly the result of the client’s wishes.

Steps to avoid the issue

If friends or family are concerned about potential predatory marriage then it is possible to lodge a caveat. It needs to be made clear that it is a caveat against a marriage relating to Section 29 of the Marriage Act 1949.

The procedure is relatively simple once a solicitor is aware of it. The problem is that although the relevant form can be obtained from any local Superintendent Registrar, it is very difficult to locate it. The form cannot, for example, be found on the government’s Form Finder website.

Another option is to seek injunctions against the perpetrator, either to prevent a marriage or to prevent contact.

Although legal powers to protect vulnerable older people exist and are effective, they are expensive to implement. The Mental Capacity Act powers can only begin if it is established that the victim lacks capacity to make decisions about contact or marriage.

Conclusion

Practitioners, families and friends of victims need to be alert to the possibility of predatory marriage and financial abuse. They should not be lulled into a false sense of security and think that the victim ‘could never get married because they lack the capacity to marry’. The capacity to marry is a relatively low threshold. As the case of Joan Blass shows, lack of capacity is not always identified by wedding registrars. Be vigilant, be alert.

Stephen Lawson, Head of Contentious Probate at Nicholson Jones Sutton