10 March 2025
Predatory marriages are a growing concern, especially for elderly and vulnerable individuals. But what exactly is a predatory marriage, and how can the law help protect people from falling victim to one?
What is a Predatory Marriage?
A predatory marriage happens when someone takes advantage of a vulnerable person, persuading them to get married—usually with the goal of inheriting their assets. These situations often involve elderly individuals or those with diminished mental capacity. While this type of exploitation has been around for centuries, it’s gaining more attention in recent years.
Why is it a Problem?
The biggest legal issue with predatory marriages is that marriage automatically cancels any previous Will. This means that if an elderly person had a Will leaving their estate to their children, it becomes invalid the moment they remarry. If they don’t create a new Will, their new spouse will inherit most, if not all, of their assets under the intestacy rules.
This creates a difficult situation for family members. Even if they prove that their loved one was manipulated into signing a new Will, the marriage itself remains valid, meaning the predator still stands to gain from the estate.
A Real-Life Case: Langley v Qin (2024)
A recent case highlights the dangers of predatory marriages. Mr. Harrington, aged 94, married his carer, who was 54, just eleven months before he passed away. Shortly before his death, he wrote a new Will, leaving everything to his new wife. His daughter successfully challenged the Will, proving that he lacked the mental capacity to make those decisions. However, because the marriage was still legally valid, the widow still inherited a large portion of his estate through intestacy laws.
What Can Be Done to Prevent This?
While there have been discussions about changing the law—particularly regarding Wills being automatically revoked upon marriage—no legal reforms are currently planned. However, there are some ways to protect vulnerable individuals:
Should You Be Worried?
Predatory marriages are rare, but they do happen. If you have concerns about a vulnerable loved one, the best approach is to seek legal advice as early as possible. Taking proactive steps can help protect their assets and ensure their wishes are respected.
If you’re worried about this issue, consider speaking with a solicitor to explore options for safeguarding your loved ones. We offer clear calm advice at a time when emotions can run high.
There may be suspicion about the validity of the Will or the ability of someone to make a Will in the first place. We advise on challenging the validity of a Will. Call 01202 294411 or contact us via online for more information: Will Disputes & Financial Claims against Estates.
