New Bill Tackles Predatory Marriages

A bill hoping to clamp down on “predatory marriages” in which one spouse seeks to take the other’s wealth is to be reviewed in January, after winning support in the House of Commons.

The Marriage and Civil Partnership (Consent) Bill would change the law, meaning that entering into a new marriage or civil partnership would no longer automatically revoke a person’s previous will in all cases. The proposed legislation aims to support families who fear that elderly and vulnerable relatives are being taken advantage of, with family inheritances being legally handed to new spouses marrying for money.

In addition, the bill seeks to mandate enhanced training for registrars to help them spot the signs that a vulnerable individual may be being pressured into marriage.

Under the scheme, wedding registrars would require couples to fill in a questionnaire to establish their capacity to marry. Individuals who show cause for concern would then be asked to take a further assessment and potentially need to gain approval from a medical expert.

The legislation would also require notices of intention to marriage to be published on the internet, to clamp down on individuals being duped into secret weddings and ensure that families are able to watch out for vulnerable relatives.

MPs seek to “close loopholes” in marriage law

Advocating for the reform in Parliament, shadow foreign secretary Fabian Hamilton – who proposed the private member’s bill — termed the legislation an “attempt to close some of the loopholes in the statutes governing marriage” in England.

Mr. Hamilton cited one case in which an elderly woman with dementia entered into a secret marriage seemingly against her knowledge, which automatically revoked her will.

The family of Joan Blass was not made aware of the marriage until after her death, despite her daughter Daphne Franks having been given power of attorney over her estate during her lifetime.

Under the current law, if a person does not make a new will after their marriage, they have no valid will in law and their assets will be inherited according to the rules of intestacy. The rules of intestacy govern the distribution of assets for all those who do not make a will.

By these rules, the deceased’s assets first go to their spouse and direct descendants including children and grandchildren, secondly to their parents, and thirdly to their siblings.

Law Commission urges “overhaul” of wills law

Many legal experts have come out in support of the proposed legislation, holding that reform is needed to protect vulnerable, older people against financial exploitation through predatory marriages.

The current law deems an individual to have the mental capacity to marry if they can understand the nature of the marriage contract and the duties and responsibilities which marriage usually entails. The law regarding an individual’s capacity to write a will is similarly lenient, simply requiring testator to understand the nature and significance of what they are doing, and have no mental “delusions” which may influence them.

As the Law Commission notes, the current assessment of mental capacity to make a will “uses a Victorian test which takes no account of modern medical understanding.”

The test refers to mental “delusions” and differs from that set out in the Mental Capacity Act 2005, which is more applicable for conditions such as dementia. The Law Commission has called for an “overhaul” of the law relating to wills, claiming that the “outdated” and “unclear” current rules – many of which date back to the 1800s – are putting people off writing wills.

Statistics indicate that the majority of the British adult population (58%) currently have no will, including 27% of people aged 55 or older.

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