Predatory marriage

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Predatory marriage is the practice of marrying an elderly person exclusively for the purpose of gaining access to their estate upon their death. [1] While the requirements for mental capacity to make a valid will are high, in most jurisdictions the requirements for entering into a valid marriage are much lower; even a person suffering dementia may enter into marriage. In many jurisdictions, a marriage arrangement will invalidate any previous will left by the person, resulting in the spouse inheriting the estate. [1]

In the United Kingdom a campaign, Predatory Marriage UK (originally known as Justice for Joan) [2] was started, working to change laws and procedures around marriage to reduce this practice, supported by lawyer Sarah Young [3] of Ridley and Hall. [4] [5] The local MP, Fabian Hamilton MP, introduced a bill in Parliament during 2018 entitled the Marriage and Civil Partnership (Consent) Bill, [6] to establish that marriage should no longer always revoke a previous will and have introduced other protections against predatory marriage. [7] The bill was passed but ran out of parliamentary time, but work is continuing. [8] [9]

See also

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References

  1. 1 2 What You Need To Know About Predatory Marriages, Huffington Post Canada, 30 May 2017
  2. "Predatory Marriage UK : Reforming marriage laws and procedures to protect people with dementia". Predatory marriage UK. Retrieved 4 October 2021.
  3. "Sarah Young". Ridley & Hall Solicitors | Huddersfield | Leeds | Pontefract | West Yorkshire. Retrieved 2020-03-21.
  4. "Predatory Marriages; Elder Financial Abuse". Ridley & Hall Solicitors | Huddersfield | Leeds | Pontefract | West Yorkshire. 2018-06-21. Retrieved 2020-03-21.
  5. "Predatory Marriage – Campaign for Change in the Law". Ridley & Hall Solicitors | Huddersfield | Leeds | Pontefract | West Yorkshire. 2018-11-21. Retrieved 2020-03-21.
  6. "Marriage and Civil Partnership (Consent) - Hansard". hansard.parliament.uk. Retrieved 2020-03-21.
  7. World News Empire, MP calls for 'predatory marriage' law change published 21 November 2018, accessed 31 October 2019
  8. Moore, Anna (15 September 2021). "Daphne Franks: the woman who lost her much-loved mother to a predatory marriage". The Guardian. Retrieved 4 October 2021.
  9. "The Guardian view on predatory marriage: new safeguards are needed". The Guardian. 3 October 2021. Retrieved 4 October 2021.