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Family law guide
Part of: Divorce Specialists
A predatory marriage is when someone marries a vulnerable or older person to gain their money, home or estate. In England and Wales the marriage itself usually cancels any will the person made before it (Wills Act 1837, s.18). So the new spouse can inherit under the rules that apply when there is no will. Families still have legal routes, and most of them work best before the wedding.
This guide is for the son, daughter, sibling or friend who is worried about a parent or relative. It might be dementia, grief or loneliness after a bereavement, and a new partner who has moved fast. It explains the legal test for capacity to marry, objecting before the ceremony, annulment and the steps a family can still take after a marriage or a death.
Wedding date already set and not sure whether to object, go to court or speak to the council? You can book a free initial consultation with one of our specialists before you decide.
It is a marriage arranged by someone who targets a person made vulnerable by age, illness or isolation, so that the marriage gives them that person’s money or estate. There is no separate legal definition or offence with that name. The Law Commission describes it as a form of financial abuse with devastating consequences for victims and their families.
Most worries about predatory marriage in old age share a pattern. A new partner appears soon after a bereavement or a diagnosis. Family and old friends see less of the person, and the partner starts to speak for them. Then come changes to bank accounts or the house, and a wedding planned quickly and quietly, sometimes at a register office far from home.
None of those signs proves anything on its own. Older people are free to fall in love and remarry. The law protects that freedom, and every route below starts from the same question: did the person understand what they were agreeing to, and were they free to choose?
Because section 18 of the Wills Act 1837 says the person’s marriage revokes their will. The main exception is a will showing that the person wrote it while expecting to marry a particular partner, and meant it to survive that marriage (s.18(3)).
Once the will is gone, the estate passes under the intestacy rules. As GOV.UK explains, a husband, wife or civil partner will normally inherit all or part of the estate, depending on its value (GOV.UK, marriages and civil partnerships). A will that left the family home to the children can disappear on the wedding day, and nobody has to tell the family it has happened.
Divorce works differently. It does not revoke the whole will, and our guide on whether divorce revokes a will explains what changes at the final order.
The person must understand, in broad terms, what marriage is and the duties and responsibilities that normally come with it. The court looks only at that capacity, not at the wisdom of the marriage or the choice of partner (Sheffield City Council v E [2004] EWHC 2808 (Fam), paras 68 and 102).
The bar is low on purpose. In NB v MI [2021] EWHC 224 (Fam), the High Court said marriage is “a very simple” contract. Capacity is status-specific, not spouse-specific, so the question is whether the person can marry at all. The court added that understanding the financial consequences is not of the essence of the marriage contract (para 26).
That is the hardest part for families to accept. Someone with early dementia may still have capacity to marry, even if they could not manage their money or make a new will. The law judges capacity decision by decision and at the time, so medical evidence needs to address marriage specifically.
Nobody can make that decision for them either way. The Mental Capacity Act 2005 does not allow anyone to consent to a marriage on another person’s behalf (s.27(1)(a)). That includes a deputy and a person holding an LPA for property and financial affairs.
Sometimes, yes. Before the ceremony a family can enter a caveat with the register office, ask the council for a safeguarding enquiry, or ask a court to decide whether the person has capacity to marry. Each step needs evidence, and the 29-day notice period is short.
Both people must give notice at their local register office at least 29 days before a civil ceremony or most religious ceremonies (GOV.UK, giving notice). During that time any person may enter a caveat against the issue of the marriage schedule. You sign the caveat, give your address and state the ground of objection. The superintendent registrar then looks into it before issuing anything (Marriage Act 1949, s.29(1) and (2)).
Anglican weddings can follow a different process, and GOV.UK advises checking with the venue (GOV.UK, giving notice). Our guides to giving notice of marriage and marriage banns explain the timings and how banns work.
A caveat is a serious step. If the Registrar General declares it frivolous, the person who entered it is liable for the costs of the Registrar General’s proceedings and for damages that the person named in it can recover (s.29(4)). Base it on capacity or pressure, with something to show for it, never on disliking the partner.
A council must make enquiries when it has reasonable cause to suspect that an adult with care and support needs is at risk of abuse and cannot protect themselves. Abuse includes financial abuse, such as being put under pressure about money or property, or having it misused (Care Act 2014, s.42). Contact the adult social care team for the area where your relative lives, and set out dates and facts. Our guide to financial abuse and family law covers the wider picture.
The Court of Protection can declare whether a person has or lacks capacity to make a particular decision, and whether an act done in relation to them is lawful (Mental Capacity Act 2005, s.15). A declaration that someone lacks capacity to marry gives the registrar something firm to act on.
Where a person lacks capacity to consent to marriage, any conduct carried out to cause them to marry can be the criminal offence of forced marriage. It does not need violence or threats, and it carries up to seven years in prison (Anti-social Behaviour, Crime and Policing Act 2014, s.121(2) and (9)). The family court can make a forced marriage protection order, and a relative can apply with the court’s permission (Family Law Act 1996, s.63C). Our page on forced marriage protection orders explains how they work.
It can be, if either person did not validly consent, whether through duress, mistake or unsoundness of mind (Matrimonial Causes Act 1973, s.12(1)(c)). The marriage is voidable, which means it stands until a court annuls it.
Nullity is a case between the two spouses. The parties to it are the parties to the marriage (Family Procedure Rules, r.7.2), so the family cannot apply in their own name. If your relative lacks capacity to run the case, a litigation friend conducts it for them (r.15.2).
Proceedings on that ground must start within three years of the wedding (s.13(2)). A judge can allow a later start only where the applicant suffered from a mental disorder during those three years and it is just to do so (s.13(4)). Our guide to marriage annulment sets out the grounds and the process.
Annulment does not undo the damage to the will. A nullity order for a voidable marriage takes effect only from when the court makes it final, and the law treats the marriage as existing up to then (s.16). The earlier will stays revoked, so a new will, or a statutory will, still matters.
During your relative’s lifetime, the main steps are a new will, or a statutory will if they lack capacity to make one (Mental Capacity Act 2005, s.18(1)(i)). After a death, the usual route is a claim against the estate, which normally has to start within six months of the grant (Inheritance (Provision for Family and Dependants) Act 1975, s.4).
If your relative still has capacity to make a will, they can make a new one themselves with independent advice. If they lack that capacity, the Court of Protection can make a will for them, called a statutory will (Mental Capacity Act 2005, s.18(1)(i)).
Planning ahead helps too. A person can make an LPA only while they have mental capacity, and registration with the Office of the Public Guardian costs £92 (GOV.UK). The LPA lets someone they trust manage their money if they later cannot.
After a death, people left without reasonable provision can ask the court for an order from the estate. That includes the deceased’s children and anyone they were maintaining (Inheritance (Provision for Family and Dependants) Act 1975, s.1). You must bring the claim within six months of the grant of probate or letters of administration unless the court gives permission, and you can bring it before the grant (s.4). Our guide to the Inheritance Act 1975 explains who can claim and how.
Our guide to deathbed weddings is written for couples who choose to marry quickly. The routes on this page are for families who believe the choice was not a free one.
| Stage | Route | Time limit or catch |
|---|---|---|
| Notice given, no wedding yet | Caveat with the superintendent registrar (Marriage Act 1949, s.29) | Only before the registrar issues the schedule; costs and damages if the Registrar General finds it frivolous |
| Concerns about pressure or money | Safeguarding enquiry by the council (Care Act 2014, s.42) | The council decides what action, if any, to take |
| Doubts about capacity to marry | Court of Protection declaration (Mental Capacity Act 2005, s.15) or forced marriage protection order | Needs medical evidence about marriage itself; a diagnosis alone is not enough |
| Already married | Nullity for lack of valid consent (Matrimonial Causes Act 1973, s.12(1)(c)) | Within three years of the wedding; only a spouse can apply; the old will stays revoked |
| Lacks capacity to make a will | Statutory will through the Court of Protection (s.18(1)(i)) | Only while the person is alive |
| After the death | Claim under the Inheritance (Provision for Family and Dependants) Act 1975 | Six months from the grant, unless the court gives permission |
Possibly, but it has not changed yet. In May 2025 the Law Commission recommended abolishing the rule that marriage revokes a will, because predatory marriages exploit it (Law Commission, Modernising Wills Law).
The government welcomed the report and said it would give it detailed consideration (Ministry of Justice, 16 May 2025). In the House of Commons on 30 June 2026, the courts minister called the recommendation well evidenced and said the government would respond in due course (Hansard, 30 June 2026). Until Parliament acts, section 18 of the Wills Act still applies, so families have to work with the law as it stands.
We advised a daughter whose widowed father, in the early stages of memory loss, mentioned that he and a woman he had known for a few months had given notice to marry. She had started helping with his post and had seen large transfers from his savings account. We explained that the law uses a simple test for capacity to marry, so her doubts about the relationship alone would not stop the wedding. We also explained what a caveat involves and the costs risk if it is declared frivolous. She raised a safeguarding concern with his council, asked his GP to assess his capacity to marry and to make a will, and kept a dated note of what she had seen. What happens in any case turns on its own facts.
If you suspect a predatory marriage, three answers show which routes are still open, what to ask about capacity and the decision that needs advice. This page does not send or store anything you choose.
0 of 3 answered
Answer all three to see where your family stands
Start a dated record now and keep it factual: what you saw, what was said and any money that moved. Write down how your relative talked about marriage, money and the house, in their own words where you can. Courts and councils give more weight to notes made at the time than to memories gathered later. Try to keep visiting and stay on calm terms with the new partner where it is safe, because being cut off makes every later step harder.
Hannah Overton, Complex Children Specialist & Client Support
Yes. Any person may enter a caveat with the superintendent registrar against the issue of the marriage schedule, stating the ground of objection (Marriage Act 1949, s.29). The registrar looks into it first. A caveat declared frivolous can leave you paying costs and damages.
Not automatically. The test for capacity to marry is simple: does the person understand, in broad terms, what marriage is and what it involves (NB v MI, paras 26 to 27). Someone with dementia may pass that test while lacking capacity for other decisions.
No. The Mental Capacity Act 2005 does not let anyone consent to a marriage on another person's behalf (s.27(1)(a)), and an LPA does not give a power to block one. The routes are a caveat, a safeguarding referral or an application to court.
No. The law treats a voidable marriage as existing until the court makes the nullity order final (Matrimonial Causes Act 1973, s.16), so the will it revoked stays revoked. Your relative needs a new will, or the Court of Protection can make a statutory will.
It can be. Where the person lacks capacity to consent to marriage, any conduct carried out to cause them to marry is the offence of forced marriage, with a maximum of seven years in prison (Anti-social Behaviour, Crime and Policing Act 2014, s.121).
The thing that most often goes wrong is waiting. Families hope the relationship will fade, and then the ceremony happens. From that moment the earlier will no longer counts, a caveat is no longer possible, and the three-year clock for annulment has started. Others enter a caveat in anger with nothing to support it, and end up liable for costs and damages.
A free initial consultation is a conversation with a specialist, who gives you initial advice tailored to your family's situation. That includes which route fits the stage you are at and what evidence would help. It does not include drafting or reviewing documents.
Book a free initial consultation or call 0330 094 5880.
You can also read our guides to marriage annulment and the Inheritance Act 1975, or return to our divorce specialists page.
General information about the law in England and Wales, not advice on your circumstances.
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