A week on from The Society of Will Writers Conference, many delegates are still reflecting on the sessions that struck a chord. For Sara Sheppard of SLS Wills and More, one talk stood out above all others: Daphne Franks’ deeply moving account of her mother, Joan Blass, who was the victim of a predatory marriage.
Joan, who was elderly and living with dementia, was secretly married to a man who took advantage of her vulnerability. The marriage automatically revoked her existing Will, leaving her estate to her new husband and denying her family the inheritance she had intended. When the story was later shared by The Guardian, it shone a national spotlight on an uncomfortable truth – that under current UK law, there is little to prevent this from happening again.
What is a predatory marriage?
A predatory marriage occurs when one person deliberately exploits another’s lack of mental capacity or understanding in order to marry them, often with the intention of gaining control over their estate. The marriage is legal under current law, yet it invalidates any existing Will. This means that even if the victim had a carefully prepared Will in place, it is automatically revoked upon marriage, leaving their assets to the new spouse under intestacy rules unless a new Will is made after the marriage.
Why Daphne’s story matters
Daphne Franks has since campaigned tirelessly for change, calling for stronger safeguards and better training for registrars to identify when someone may not have capacity to marry. Her campaign highlights the need for greater awareness across society – not just from legal professionals, but from registrars, care providers, and families.
As Sara reflected following the conference, “We all as practitioners need to be aware that this happens, and if we have our suspicions then we need to report it. Unfortunately, there is no clear guidance on who to report it to. The police are often not interested, and the Office of the Public Guardian has limited powers in this area.”
The importance of safeguarding
Predatory marriage sits at the intersection of safeguarding and estate planning. It is, at its core, an issue of protecting vulnerable people from abuse. As professionals and as members of society, we all share a duty to be vigilant and proactive.
Ensuring that Wills and Lasting Powers of Attorney (LPAs) are in place before vulnerability arises can help to protect individuals. However, these documents alone are not enough. They must be part of a wider conversation about safeguarding, capacity, and dignity in later life.
What needs to change
As Nick Ash, a fellow tutor at The College of Will Writing, observed after hearing Daphne speak, “The issue lies in the hands of the registrars and the way prospective spouses are dealt with immediately before the marriage. It is nothing short of a disgrace that there is no national policy on capacity checking.”
Until that changes, families and professionals must continue to raise awareness, encourage open discussion, and advocate for reform.
Predatory marriage is not just a legal issue – it is a human one. Every story like Joan’s reminds us why we must keep pushing for better protection, clearer procedures, and compassion for those who can no longer protect themselves.
If you would like to discuss how to protect a loved one through proper estate planning and LPAs, contact SLS Wills and More for advice and support.
Contact details:
SLS Wills and More
Office 4, Garrity House, Miners Way, Aylesham, Canterbury CT3 3BF
Phone: 01304 577998
Email: hello@slswillsandmore.co.uk
