The Law Commission has launched a consultation on the issue of ‘predatory marriages’ following numerous complaints from families who believe they have been deceived and cheated out of their inheritances by secret spouses. This issue was brought to Parliament’s attention earlier this year by Labour MP Fabian Hamilton, who shared the case of his 91-year-old constituent, Joan Blass, who had been secretly married to a man 20 years her junior before her death. In response to these concerns, the Law Commission has initiated a consultation to investigate whether marriage or civil partnership should automatically invalidate a pre-existing will, considering the risk of predatory marriages.
Currently, under English law, a spouse is entitled to inherit the estate of their deceased partner up to the value of £270,000, and any previous will becomes invalid. The consultation also seeks opinions on the validity of electronic wills. Professor Nicholas Hopkins, the Law Commission’s commissioner for property, family, and trust law, emphasized the need to ensure that the law surrounding wills is modern and accessible, protecting vulnerable individuals and upholding their final wishes.
Following Mr. Hamilton’s case, over 70 other people from across the country came forward with similar stories of losing their inheritances due to predatory marriages. In 2018, Mr. Hamilton proposed the Marriage and Civil Partnership Consent Bill, which aimed to establish stronger safeguards for vulnerable and elderly individuals. However, the bill did not pass.
The Law Commission’s consultation aims to determine the prevalence of predatory marriages as a form of financial abuse and assess whether wills should be automatically invalidated by marriage or civil partnership. The commission defines predatory marriage as a situation where an individual marries someone, often elderly or lacking mental capacity, with the intention of exploiting them financially. Due to current legislation, the existing will of the deceased person is revoked, potentially resulting in their spouse inheriting their entire estate unless a new will is created.
The UK’s inheritance laws are primarily governed by the Wills Act 1837, which was enacted during the Victorian era when women did not have voting rights and shortly after the abolition of slavery in the British Empire. The Law Commission’s project aims to thoroughly review and update the legal framework surrounding wills to better address contemporary needs and protect the most vulnerable individuals.
Regarding the use of technology in wills, the commission is seeking opinions on whether a proposed Wills Act should allow for electronic wills. These wills would be created and signed digitally, eliminating the risk of theft or destruction of a paper version. While electronic documents are widely used in various fields, the current legal requirement for wills is a printed and ink-signed document. During the COVID-19 pandemic, the UK temporarily allowed virtual witnessing of paper wills, but this measure has since ended. However, several other countries have implemented permanent reforms to accommodate electronic wills.
The Law Commission consultation intends to address these important issues and shape the future of inheritance laws in the UK.