In a recent article published by Today’s Wills and Probate, the topic of predatory marriages was discussed along with potential legal reforms on the horizon. It comes in response to a report by the Law Commission on modernising wills, published earlier this year, and concerns from contentious probate practitioners who are seeing a rising number of enquiries from families worried about potential victims being targeted for their money.
Source: Predatory marriages: Why legislative proposals are a welcome first step
What Is a Predatory Marriage?
A predatory marriage is when, typically, a wealthy, elderly individual or someone who is cognitively impaired is romantically targeted for their money and manipulated into getting married. In many cases, the marriage goes unnoticed until after death, when it is discovered that the estate has been passed on to the new spouse.
Why Is This Such a Serious Problem?
Under Section 18 of the Wills Act 1837, a marriage revokes any previous Wills, unless the Will was specifically made in expectation of that marriage. If there is no Will or if the person doesn’t create a new Will, under intestacy rules, the entire estate will typically pass on to the new spouse, leaving little recourse for shocked family members. It is this legal loophole that is allowing vulnerable and elderly people to be taken advantage of.
What Can Families Do If the Person Has Already Died?
Currently, there are unfortunately very few options available. If you suspect that a vulnerable loved one has been romantically targeted and tricked into marriage, that marriage can be annulled on the grounds of lack of capacity or undue influence, but only while the individual is still alive. However, as most families are unaware of any issues until their loved one has died, annulment will not be an option. One possibility would be to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, which allows claimants to show that the estate has failed to make “responsible financial provision” for them. However, there are no guarantees that the court will award in the claimant’s favour, and these types of cases can be complex, costly, and incredibly daunting to deal with.
Are Will Reforms on the Way?
As highlighted in the article, the Law Commission’s Modernising Wills report, released in May 2025, proposes several key changes to strengthen the existing legal framework, including:
- Abolishing the rule that marriage revokes a Will
- Proposals to align the legal test for testamentary capacity with the Mental Capacity Act 2005
- Courts would have more power to infer undue influence
- Regulated and secure electronic Wills would be formally introduced
These are long-overdue updates to laws that have not been fully amended since the Wills Act of 1837 and could help protect vulnerable individuals while modernising the Wills system.
How Can Rose & Rose Help?
While we are in favour of introducing new legislative changes that will strengthen protections for families and vulnerable individuals, legislative reform takes time, and it may be a while before these changes take effect. At Rose and Rose, we have a highly experienced team of Wills and Probate solicitors who can help families and individuals put in place robust estate planning measures and set up the appropriate legal documents that can protect those who may be more vulnerable.
From legally sound Wills to Lasting Powers of Attorney that help manage financial affairs, and advice on obtaining formal capacity assessments when needed, our team provides the guidance and support you need. We also specialise in contentious probate cases and can help you through inheritance claims and Will disputes.
If you are concerned about a loved one or want to ensure your own wishes are secure, please speak with our team at Rose & Rose. We are here to help you protect what matters.
Read some of our related articles for further information:
What Is a Larke vs Nugus Request – And Why Are They Important in Will Disputes?
How Writing a Will Can Help Avoid Costly Family Disputes Over Inheritance
Research Warns of Inheritance Risks in Blended Families
Another Rise in Will Dispute Claims
Increase in dementia diagnosis highlights the importance of Lasting Powers of Attorney
This blog post is not intended to be taken as advice or acted upon. If you are seeking legal advice, please contact our team of solicitors.
