Predatory marriage is the practice ofmarrying an elderly person exclusively for the purpose of gaining access to theirestate upon their death.[1] While the requirements formental capacity to make a validwill are high, in most jurisdictions the requirements for entering into a valid marriage are much lower; even a person sufferingdementia 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 theUnited Kingdom a campaign,Predatory Marriage UK (originally known asJustice 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 inParliament during 2018 entitled theMarriage 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]
There are several techniques known to have been employed in targeting vulnerable people in this way, often involving coercive and controlling behavior. One example is convincing a vulnerable person to sign over assets before or after marriage to avoid prenuptials. This can be disguised either as a way to avoid tax or in exchange for care and affection, and is often accompanied with legal documentation purporting to protect the person being scammed but such documentation often does not hold up in court, especially if provided by the scammer.[10]
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| Age | |||||||||
| Arranged | |||||||||
| Ceremonial | |||||||||
| Circumstantial basis |
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| De facto | |||||||||
| Endogamy | |||||||||
| Exogamy | |||||||||
| Non-monogamous | |||||||||
| Sexless | |||||||||
| Other | |||||||||
