Predatory marriage: How to safeguard against it

Although termed “marriage”, this coercion can apply equally to civil partnerships. As we approach Elder Abuse Awareness Day on Sunday 15 June, we consider what steps can be taken to help avoid such devastating financial abuse.

1. Perpetrators of predatory marriage identify potential victims by seeking out socially isolated individuals, commonly recently bereaved, who have the potential to become dependent on the perpetrator. Ensuring that your family member has a present, active and visible support network can help prevent them from becoming a victim.
2. If there are concerns about a potential perpetrator already in the vulnerable person’s life, the family should report their concerns to Social Services. Solicitors, banks, doctors and any professional advisers should also be alerted.
3. If the family become concerned that the vulnerable individual may be making lifetime gifts to the perpetrator, they can lodge an alert with the Land Registry which will notify them  of any applications lodged relating to the vulnerable individual’s home.
4. Arranging for the vulnerable individual to undergo a mental capacity assessment before any new Will or Lasting Powers of Attorney (LPAs) are put in place, or before any marriage has taken place is another preventative step that can be taken. Having a record of the individual’s capacity will help determine the legal remedies available should any disputes arise.
5. If the possibility of a marriage may be suspected, the family can lodge a caveat with the local marriage registrars registering their concerns about  their family member’s capacity. If the marriage can be prevented this will ensure the perpetrator will not have an entitlement to the vulnerable’s estate on their death under intestacy rules.
6. If the vulnerable individual still has capacity, the family can encourage them to seek advice from a solicitor to put LPAs in place appointing someone other than the perpetrator as attorney to help them manage their affairs.
7. If the vulnerable individual has lost capacity, the family can consider making an application to the Court of Protection for an injunction preventing contact from the perpetrator.

Trying to remedy the situation after the death of the vulnerable individual is highly complicated and often difficult to prove. The more family members can do during the vulnerable person’s lifetime to safeguard them, the better.

In 2024, the court case of Langley v Qin illustrated the issues arising where an elderly person is targeted by a much younger person for their money.

How we can help

Wedlake Bell’s Private Client team provides comprehensive legal support for vulnerable individuals, particularly the elderly and those with diminished capacity. We are supporting Elder Abuse Awareness Day to raise the visibility of the risks and how to protect loved ones.

If you suspect that someone you know is vulnerable in similar circumstances, or if you know a marriage is about to take place and you have concerns about a party’s mental capacity, please contact us to discuss what can be done to safeguard them. Equally, if you are about to be married, bear in mind that any existing Will you have will be automatically revoked by law by the marriage, and you should consider making a new Will after the marriage has taken place or a Will made in contemplation of the marriage.

If you would like to discuss the above, please do not hesitate to contact a member of the Private Client team.

This article is for general information only and does not seek to give legal advice or to be an exhaustive statement of the law. Specific advice should always be sought for individual cases.

Meet the team:

1. 

   • Victoria Mahon

   • Partner
   • Private Client

   Visit Victoria's profile

View the whole team