We’ve all probably heard a tale or two about predatory marriages, whether through the news or even perhaps someone you know where a vulnerable adult, often elderly or someone suffering from loneliness, isolation or cognitive decline, has been a victim of financial abuse. Typically, the individual is encouraged or coerced into marrying someone seeking financial gain once the vulnerable individual dies.

The fallout from these marriages can be devastating for families, with previous inheritance plans and wishes being undone, so it’s important to know what to look out for, how marriage impacts inheritance and Wills, and what you can do to avoid a vulnerable family member falling into this trap.

Predatory Marriages

More often than not, predatory marriages occur in secret, with families only finding out about them once the victim has died. In this instance, there are steps the family of the deceased can take. However, they should be aware of the following:

  • Whilst relatives can challenge a Will, they must be able to meet the high evidential requirements to prove undue influence or lack of capacity.
  • There are strict eligibility criteria to make a claim under the Inheritance Act 1975, and even if successful, the rules of intestacy may still benefit the spouse.
  • Inheritance disputes can take months or years to reach a resolution, often causing emotional strain on a family. A dispute can also be a costly process.

Cases and examples

In 2016, a woman battling vascular dementia married a man 24 years younger than her. After her death, her previous family was cut out of her will and her new spouse inherited everything.

Similarly, in 2020, a man married his carer, and whilst the Will was successfully contested due to undue influence, his spouse still inherited the majority of the estate due to intestacy rules.

Marriage, inheritance and Wills

A Will written before a marriage is automatically revoked once the marriage has taken place. If the Will is not updated after the marriage and the person dies, the estate will be distributed in line with the rules of intestacy, which may not align with the individual’s original wishes.

In cases where a predatory marriage has taken place, the new spouse would be entitled to inherit all, or a significant amount, of the deceased’s estate, leaving any children or intended beneficiaries with very little or even nothing.

Preventative steps to consider

Whilst there is very little that can be done once the marriage has taken place, there are ways of protecting vulnerable family members:

  • Don’t lose contact: Victims will often become isolated from family, relying solely on the perpetrator, so staying involved in your loved one’s life is essential.

  • Draft a Will: If a loved one is planning to get married and you suspect their future spouse is taking advantage of their vulnerability, encourage them to have an up-to-date Will in place setting out their wishes and intentions to avoid the rules of intestacy being applicable.

  • Court of Protection and Statutory Wills: If your loved one no longer has capacity, you can apply through the Court of Protection for a statutory Will. This means previous wishes can be upheld.

  • Prompt action: It’s important to act quickly. The sooner a Will is contested, the sooner you can delay the distribution of assets, giving you more time to take further legal action to protect your loved ones wishes.

  • A Lasting Power of Attorney (LPA): Having an LPA in place before mental capacity diminishes provides better security that their wishes, assets and estate are protected by trusted friends or relatives.

Law reform: a much-needed update

With the support of legal professionals, cross-party MPs and groups, in May 2025, the Law Commission made significant proposals to modernise the law around Wills, with preventing predatory marriages in mind. Here are the main proposals:

  • Removal of automatically revoking previous Wills upon marriage.
  • Courts will be allowed to assume undue influence and spouses must prove otherwise.
  • Further clarification on capacity thresholds to align with the Mental Capacity Act 2005.
  • Provide easier access for vulnerable individuals through electronic Wills.

How can Backhouse Solicitors help

If you are concerned that a family member is being targeted and at risk of a predatory marriage, contact our team to discuss what can be done before it’s too late. Alternatively, if you are looking to put protections in place before loss of capacity for yourself or a loved one, get in touch to book your free 30-minute consultation with one of our experts.

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