In England and Wales, a valid marriage automatically revokes any existing Will, a rule embedded in the Wills Act 1837. While this provision is usually harmless, it has become a weapon in the hands of “predatory” individuals who exploit vulnerable loved ones, coercing them into marriage solely to benefit from their estate. This legal “trap” often disinherits rightful beneficiaries, replacing carefully planned legacies with the rigid Rules of Intestacy, which primarily benefit the new spouse. This article explores the rising threat of predatory marriage, the severe limitations in challenging the marriage itself after death, and the crucial role of the Inheritance (Provision for Family and Dependants) Act 1975 in reclaiming a rightful inheritance from those who seek to profit from manipulation.
The Legal Quirk: Marriage Revokes a Will
The foundation of the “predatory marriage” problem lies in a seemingly innocuous piece of legislation: Section 18 of the Wills Act 1837. This states that, unless a Will is specifically made in contemplation of a particular marriage, any existing Will is automatically revoked upon marriage. While intended to prevent unintended disinheritance of a new spouse, this rule has become a potent tool for those with malicious intent.
Imagine a meticulously drafted Will, carefully planning inheritances for children, grandchildren, and beloved charities. If the testator (the person who made the Will) is later married, that entire Will is instantly nullified. If no new Will is made (and often, in predatory scenarios, the victim lacks the capacity to make one), the estate then falls under the Rules of Intestacy, as defined by the Administration of Estates Act 1925. These rules prioritize the new spouse above all others, granting them the first £322,000 (as of 2025, subject to change) and a significant share of the remainder, potentially disinheriting everyone else.
This creates a scenario where a person with ill intentions can effectively “steal” an inheritance by orchestrating a marriage, even if the victim had no genuine desire or capacity to marry.
Spotting the Red Flags: A Pattern of Abuse
Predatory marriages rarely happen in isolation. There is often a discernible pattern of behaviour leading up to the event, which beneficiaries must learn to identify:
Isolation: The vulnerable individual is gradually isolated from their family and friends.
Rapid Deterioration in Health/Capacity: The marriage often occurs when the victim is in declining physical or mental health, making them more susceptible to influence.
Secrecy: The marriage is usually conducted quickly and without the knowledge of the family, often in a registry office. There may be no celebration, or it may be downplayed significantly.
Sudden Change in Finances: Funds may be transferred, joint accounts opened, or assets moved prior to or immediately after the marriage.
“Love Bombing”: The predator showers the victim with attention, gifts, and compliments, creating an emotional dependency.
Disregard for Previous Wishes: The marriage completely overrides the victim’s long-held intentions for their estate, which were often documented in their revoked Will.
The Challenge: When the Marriage Cannot Be Undone
The most frustrating aspect of predatory marriage for affected families is the difficulty in nullifying the marriage itself after the victim’s death. Unlike a Will, which can be challenged based on a lack of testamentary capacity, the legal test for capacity to marry is significantly lower. Furthermore, once a party to the marriage has died, there are extremely limited grounds to annul it.
This means that focusing on setting aside the marriage directly is often a dead end. Instead, the primary legal avenue for disinherited beneficiaries is to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
This powerful piece of legislation allows certain categories of individuals – including spouses (which the predator now is), former spouses, children, and any person who was financially dependent on the deceased – to ask the court to make “reasonable financial provision” for them from the estate.
The Inheritance Act 1975: Your Weapon
For children of the deceased, a claim under the 1975 Act is paramount. They can argue that the intestacy rules (which now favour the predatory spouse) do not make reasonable financial provision for them. The court will consider:
The financial needs and resources of the applicant: What are the child’s living expenses, debts, and income?
The financial needs and resources of other beneficiaries: Including the predatory spouse.
The size and nature of the estate: How much money and property is available?
Any physical or mental disability of the applicant.
Any other matter, including the conduct of the applicant or any other person. This “conduct” clause is crucial for exposing the predatory nature of the marriage and the abuser’s actions.
The court aims to provide for the applicant’s maintenance (for adult children) or for their overall welfare (for minor children). While it won’t necessarily replicate the original Will, it can significantly alter the distribution dictated by the intestacy rules, thereby reducing the predator’s share and restoring some justice to the rightful beneficiaries.
The Emotional Toll: Grief and Betrayal
Beyond the financial devastation, a predatory marriage inflicts a profound emotional wound. Families often experience a double grief: the loss of their loved one and the shocking realisation that their final months or years were spent under duress and manipulation. The sense of betrayal can be overwhelming, especially when the abuser seems to be “getting away with it” by inheriting a significant portion of the estate.
The legal process, while necessary, can feel daunting and invasive. It forces families to revisit painful memories and openly discuss the vulnerability of their deceased loved one. Our role is to provide not just legal expertise, but also empathetic support, guiding families through this difficult period with sensitivity and determination, ensuring their loved one’s true legacy is respected.
Claims under the Inheritance Act 1975 are subject to strict time limits. You must bring a claim within six months from the date that the Grant of Probate (or Letters of Administration) is issued. If you delay, the estate assets may be distributed, making recovery extremely difficult, if not impossible.
It is crucial to act immediately if you suspect a predatory marriage has occurred. Legal advice should be sought as soon as possible to investigate the circumstances, gather evidence of the deceased’s diminished capacity, and prepare a strong case before the six-month deadline expires. Freezing injunctions may also be necessary to prevent the new spouse from dissipating assets.
Let’s Do This Together
Contesting a will could become an overwhelming experience if not accompanied by expert guidance and support. Our mission is to provide you with all the needed information, support, and authority to get through this journey, with only one goal in mind: Fairness.
To our team, this process is not about winning; it’s about claiming what was yours from the beginning.
Get your free, no-obligation case assessment. Call 08002980029 or visit contestawilltoday.com
FAQs
1. Does the “predator” lose their right if they are convicted of financial abuse against the deceased?
No, not automatically. The Forfeiture Rule in UK law primarily applies to those who have unlawfully killed the deceased. While a conviction for financial abuse (e.g., fraud, theft) could certainly influence a judge’s decision regarding their “conduct” in an Inheritance Act 1975 claim, it does not automatically stop them from inheriting under the intestacy rules as a spouse. A separate claim under the 1975 Act is still necessary to seek to reduce their share.
2. Can I stop a predatory marriage before it happens if I know my loved one lacks capacity?
Yes, potentially. You can enter a “Caveat Against Marriage” at the local Register Office or with the Superintendent Registrar where the marriage is intended to take place. This legally prevents the marriage from proceeding. To succeed, you would need to provide evidence to the Registrar or, if challenged, to a Family Court that your loved one lacks the mental capacity to understand the nature and implications of marriage. This requires prompt action as soon as you become aware of the impending marriage.
3. What if the predatory marriage happened abroad? Is it still valid in the UK?
Generally, the UK courts recognise marriages validly performed in other countries, provided they complied with the local laws of that country and certain public policy requirements. Therefore, even if a vulnerable person was married abroad, the UK courts would likely still view it as a valid marriage that revokes any previous Will. However, if the deceased was domiciled in England and Wales at the time of their death, the Inheritance (Provision for Family and Dependants) Act 1975 would still apply, allowing disinherited beneficiaries to make a claim against the estate in the UK courts.
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Frequently asked questions.
Can A Will Be Contested?
Disputes over wills can arise in several circumstances, including:
Testamentary capacity: The person who made the will (known as the testator) must have had the mental capacity to understand what they were doing and the consequences of their actions. This means that they must have been able to understand the nature and extent of their property, the people they were giving their property to, and the people they were excluded from their will.
Valid execution: The will must have been executed correctly under the law. This means it must be in writing, signed by the testator, and witnessed by two independent witnesses.
Undue influence: The testator must have made the will freely and without any pressure from others. The will may be invalid if someone was unduly influenced to make a will. Undue influence can occur when someone takes advantage of a testator’s vulnerability, such as if the testator is elderly, ill, or has a mental disability.
Fraud or forgery: If the will was forged or if someone fraudulently induced the testator to make the will, the will may be invalid.
Claims against a will must usually be made within six months of the grant of probate being issued. This is the legal document that gives the executor the authority to administer the estate. If a claim is not made within this time, it may be too late to challenge the will.
As such, executors often wait until this six-month period has expired before distributing the estate. This is to avoid having to distribute the estate and then having to take it back if a successful claim is made against the will.
Here are some examples of how these disputes can arise:
A family member may dispute a will if they believe that the testator did not have the mental capacity to make a will. For example, if the testator was suffering from dementia or Alzheimer’s disease at the time the will was made.
A family member may dispute a will if they believe that it was not executed correctly. For example, if the will is not signed by the testator or if it is not witnessed by two independent witnesses.
A family member may dispute a will if they believe that they were unduly influenced to make the will. For example, if a caregiver or another family member pressured the testator to make the will in their favour.
A family member may dispute a will if they believe that it was forged or if someone fraudulently induced the testator to make the will. For example, if someone forged the testator’s signature on the will or if someone lied to the testator about the contents of the will.
If you are thinking about disputing a will, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.
What are the different Types of Trusts?
Types of Trusts
Many different types of trusts can be set up, depending on your specific needs and goals. Some of the most common types of trusts include: Bare Trusts: A bare trust is a simple type of trust in which the trustee holds the assets for the benefit of the beneficiary. The beneficiary is entitled to the income and capital of the trust as soon as they are old enough to receive them.
Interest in Possession Trusts: An interest in possession trust is a type of trust in which the beneficiary is entitled to the income from the trust immediately, but not to the capital until a later date. This type of trust is often used for minor beneficiaries or for beneficiaries who are not yet responsible enough to manage their own money.
Discretionary Trusts: A discretionary trust is a type of trust in which the trustee has the discretion to decide how and when to distribute the income and capital of the trust to the beneficiaries. This type of trust is often used for families with multiple beneficiaries or beneficiaries with special needs.
Accumulation Trusts: An accumulation trust is a type of trust in which the income from the trust is accumulated and not distributed to the beneficiaries until a later date. This type of trust is often used to save for a specific purpose, such as a child’s education or a retirement fund.
Mixed Trusts: A mixed trust is a type of trust that combines elements of different types of trusts. For example, a trust may be a discretionary trust for one beneficiary and an interest in possession trust for another beneficiary.
Settlor-Interested Trusts: A settlor-interested trust is a type of trust in which the settlor (the person who creates the trust) retains some interest in the trust assets. For example, the settlor may retain the right to receive income from the trust or to appoint the trustee.
Non-Resident Trusts: A non-resident trust is a type of trust that is created and governed by the laws of a country other than the country where the settlor or beneficiaries reside. Which type of trust is right for you will depend on your specific needs and goals. It is important to consult with an estate planning attorney to discuss your options and choose the type of trust that is best for you. Here are some examples of how different types of trusts can be used: A bare trust can be used to hold assets for a minor child until they reach the age of majority.
An interest in possession trust can be used to provide income to a beneficiary who is not yet responsible enough to manage their own money.
A discretionary trust can be used to manage assets for a family with multiple beneficiaries or for beneficiaries with special needs.
An accumulation trust can be used to save for a specific purpose, such as a child’s education or a retirement fund.
A mixed trust can be used to achieve a variety of different goals, such as providing income to one beneficiary and preserving capital for another beneficiary.
A settlor-interested trust can be used to retain some control over trust assets after the settlor has created the trust.
A non-resident trust can be used to reduce estate taxes or to protect assets from creditors. It is important to note that this is just a brief overview of the different types of trusts. There are many other types of trusts available, and each type of trust has its own specific features and benefits. For more information please visit www.gov.uk/trusts-taxes/types-of-trust
What are Examples of Inheritance Trust disputes?
Inheritance trust disputes can be complex and varied, but some common scenarios include:
Disputes over the validity of the trust: This can happen if the settlor (the person who created the trust) does not have the mental capacity to create a trust, or if the trust deed was not executed correctly.
Disputes over the interpretation of the trust deed: If the trust deed is poorly drafted or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.
Disputes over the appointment or removal of trustees: Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee is not acting in the best interests of the beneficiaries, the beneficiaries may apply to the court to have the trustee removed.
Disputes over the investment of trust assets: Trustees have a legal duty to invest trust assets prudently. If a trustee makes investments that are too risky or that lose money, the beneficiaries may sue the trustee for breach of duty.
Disputes over the distribution of trust assets: Trustees have a legal duty to distribute trust assets to the beneficiaries in accordance with the terms of the trust deed. If a trustee distributes trust assets incorrectly, the beneficiaries may sue the trustee for breach of duty.
Here are some specific examples of inheritance trust disputes that have occurred in the UK:
In one case, a beneficiary disputed the validity of a trust deed on the grounds that the settlor (the person who created the trust) did not have the mental capacity to create a trust at the time it was set up.
In another case, a beneficiary sued the trustees for breach of duty after the trustees made a number of risky investments that lost money.
In a third case, a beneficiary sued the trustees for breach of duty after the trustees distributed trust assets to the beneficiaries in a way that was not in accordance with the terms of the trust deed.
Other possible disputes include:
A beneficiary was expecting more than what is set out in the trust document. This may be because the beneficiary had a reasonable belief that they would receive more, or because the trust document is unclear about the beneficiary’s entitlement.
The individual who set up the trust was provided with negligent or misleading advice. If the settlor was not properly advised about the consequences of setting up a trust, or if they were given incorrect information, they may be able to challenge the trust.
The trust document is either incomplete or unclear about the wishes of the deceased. If the trust document is incomplete or unclear, it can lead to disputes between the trustees and beneficiaries about how the trust should be administered.
A trustee acts against the best interests of the beneficiary or doesn’t administer the trust correctly. Trustees have a legal duty to act in the best interests of the beneficiaries. If a trustee breaches their duty, the beneficiaries may sue the trustee.
If you are involved in an inheritance trust dispute, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.
What’s the difference between contesting a will and contentious probate?
Contesting a will is challenging the validity of a will. This can be done on a number of grounds, including.
The testator (the person who made the will) did not have the mental capacity to make a will.
The will was not executed correctly, i.e., it was not signed by the testator or witnessed by two independent witnesses.
The testator was unduly influenced to make the will.
The will was forged or fraudulent.
Contentious probate is any dispute about the administration of a deceased person’s estate. This can include disputes about
The validity of the will.
The interpretation of the will.
The appointment or removal of executors.
The distribution of the estate assets.
The management of the estate.
In the UK, contentious probate is dealt with by the High Court.
The main difference between contesting a will and contentious probate is that contesting a will is specifically challenging the validity of the will, while contentious probate can include a wide range of disputes about the administration of an estate.
Here is an example:
Contesting a will: A beneficiary challenges the validity of a will on the grounds that the testator did not have the mental capacity to make a will.
Contentious probate: A beneficiary disputes the interpretation of a will and argues that they are entitled to a larger share of the estate than they have been given.
It is important to note that the two terms are often used interchangeably. For example, a lawyer might say that they are “dealing with a contentious probate matter” when they are actually challenging the validity of a will.
If you are thinking about contesting a will or pursuing a contentious probate claim, it is important to seek legal advice as soon as possible. We can assess your case and advise you on your legal options.
How Long Do You Have to Make a Contentious Probate Claim?
The time limit for making a contentious probate claim in the UK is six months from the grant of probate. This is the legal document that gives the executor the authority to administer the estate.
If you do not make your claim within this six-month time limit, you may need to apply to the court for permission to make a late claim. The court will only grant permission if you have a good reason for not making your claim on time.
There are a number of factors that the court will consider when deciding whether to grant permission for a late claim, including:
Why did you not make your claim on time?
The strength of your case.
Whether the other beneficiaries will be prejudiced if your claim is allowed to proceed.
If the court grants you permission to make a late claim, you will need to file your claim within 28 days.
It is important to note that there are some exceptions to the six-month time limit. For example, if the executor has committed fraud or concealed assets from the beneficiaries, the beneficiaries may be able to make a claim after the six-month time limit has expired.
If you are thinking about making a contentious probate claim, it is important to seek legal advice as soon as possible. A lawyer can assess your case and advise you on the time limits that apply and whether you have a good case.
Here are some examples of when you might be able to make a late contentious probate claim:
You were not aware of the death of the deceased until after the six-month time limit had expired.
You were unable to make your claim on time because you were ill or incapacitated.
The executor has deliberately concealed information from you about the estate.
The executor has committed fraud in the administration of the estate.
The 12-year limit for making a contentious probate claim in the UK applies to claims for reasonable financial provision under the Inheritance (Provision for Family and Dependents) Act 1975. This means that if you are making a claim for financial provision from an estate, you must do so within 12 years of the date of the deceased’s death.
The reason for the 12-year limit is to encourage people to make their claims as soon as possible after the deceased’s death. This is because it can become more difficult to investigate and prove a claim after a long period of time has elapsed.
If you are unsure whether you are able to make a late contentious probate claim, you should seek legal advice.
Do I have to go to court to contest the probate?
Most disputes in the UK are resolved out of court through mediation and negotiation. This is because it is generally faster, cheaper, and less stressful for all involved.
If you are considering disputing a will, it is important to contact a contentious probate specialist before you involve any other relatives or beneficiaries of the estate. A specialist lawyer can advise you on your legal options and help you to resolve the dispute quickly and efficiently.
Here are some of the benefits of resolving a will dispute out of court:
It is faster and cheaper than going to court.
It is less stressful for all involved.
It allows you to maintain relationships with other family members and beneficiaries.
You have more control over the outcome of the dispute.
There are a number of steps that you can take to try to resolve a contentious probate dispute without going to court, including
Negotiation: You can try to negotiate a settlement with the other parties to the dispute. This may involve making concessions on your part, but it can be a good way to avoid the time and expense of court proceedings.
Mediation: Mediation is a process where an independent mediator helps the parties to reach a mutually agreeable settlement. Mediation can be a good way to resolve a dispute without going to court, but it is important to note that it is not binding on the parties.
Arbitration: Arbitration is a more formal process than mediation, and it is binding on the parties. However, it can still be a good way to resolve a dispute without going to court.
If you are unable to resolve the dispute amicably, you will need to file a claim with the High Court. The court will then hold a hearing to decide the case.
