The concept of ‘predatory marriage’ may be unfamiliar to many, but the harm caused by predatory marriage can have serious and permanent testamentary effects. The term is generally applied to forced marriages faced by individuals (usually elderly) whose mental capacity is in doubt or who are vulnerable to undue influence. The estates of these same individuals are often subject to …
Ongoing support for change in forced marriage law
Changing policy landscape around elder abuse in England and Wales
The predatory marriage trap
Introduction The concept of ‘predatory marriage’ has serious and permanent testamentary effects. With an aging population, and legislation in apparent need of reform, the harm caused by predatory marriage seems set only to increase. The term, which may be more familiar to those with experience of Canadian law, refers to an individual ( ‘A’), whose mental capacity is in doubt. …
James v James (2018) Case summary
In this article, Rothley Law, explores the legal action that hit headlines in respect of proceedings being brought by Sam James (“Sam”) against his late father’s estate. The case highlights the complexities of will disputes. The Facts On the facts publically available: Allen James (“Deceased”) executed a Will in 2010 which disinherited his son Sam in favour of his wife and daughters; …
Reform of the Wills Act 1837
REFORM OF THE WILLS ACT 1837 PREDATORY MARRIAGE The widely known concept of predatory marriage has hit the headlines over the last few years, notably its debate as a private members bill in Parliament in 2018, the recent Channel 5 documentary series on probate disputes (2023) and awareness raised by Daphne Franks and Fabian Hamilton MP with the support of …
Til death do us part: predatory marriage and probate
Introduction The concept of ‘predatory marriage’ may not mean a great deal to English lawyers, and certainly not probate practitioners. But it is a phenomenon which can have serious and permanent testamentary effects. With an aging population, and legislation in apparent need of reform, the harm caused by predatory marriage seems set only to increase. The term, which may be more familiar to …