A growing concern in an aging county
Suffolk has a rapidly aging population, with approximately one in four residents currently aged 65 or over, exceeding the national average of 18.4%. This demographic trend is expected to increase, with one in three residents projected to be over 65 in the next 20 years. This makes the county particularly vulnerable to what legal professionals are increasingly calling "predatory marriage" – a practice that targets elderly or cognitively impaired individuals for their wealth.
"Predatory marriage is not common, but it is a growing concern, particularly as the population ages," said Nicola Weldon, Partner and Head of Private Client at Ellisons. "I have spoken with families who are worried about the motives of a new partner later in a parent's life."
The legal framework compounds the problem. Under current English law, marriage automatically revokes an existing will unless specific precautions are taken. This means that decades of careful estate planning can be wiped out overnight, potentially leaving vulnerable individuals exposed to financial exploitation.
"With increasing rates of dementia, the risk of financial exploitation is likely to rise," Weldon explained. The statistics support her concern – approximately 944,000 to 982,000 people in the UK are believed to be living with dementia. As the population ages, this figure is expected to rise to over one million by 2030 and potentially 1.6 million by 2050.
When 'I do' means everything changes
Many families remain unaware of a fundamental legal reality: getting married automatically cancels your existing will. Lisa Dawson, Partner and Head of Family at Ellisons, sees this lack of awareness regularly in her practice.
"It is very common for people to be unaware that getting married automatically revokes an existing will," Dawson said. "This is particularly important in blended families, which now make up around one in three modern households, where outdated planning can lead to unintended consequences."
The consequences can be devastating. Under intestacy rules that apply when someone dies without a valid will, children from previous relationships may receive nothing, whilst a new spouse could inherit the entire estate – regardless of the length or nature of the marriage.
"Where this is not done, the consequences can be significant," added Nicola Weldon. "Children from previous relationships may lose out on inheritance, and surviving spouses may not receive the level of security or provision that the individual intended."
The capacity conundrum
A particularly troubling aspect of the current legal framework lies in the different standards for mental capacity. The test for capacity to marry is relatively straightforward, focusing primarily on the ability to consent. By contrast, making a will requires understanding complex financial and legal concepts.
"This can lead to situations where a marriage revokes an existing will, but the individual is no longer able to make a new one," Weldon explained. This legal disconnect creates a window of vulnerability that unscrupulous individuals may exploit.
The implications are serious for Suffolk's aging community. Someone might be deemed capable of marrying but lack the mental capacity to understand how that marriage affects their carefully planned estate.
Public calls for change
The concern isn't limited to legal professionals. A recent poll by national will-writing campaign Will Aid found that 66% of people in the East of England believe the law should change to prevent someone inheriting everything simply because they married a vulnerable person shortly before they died.
The same poll revealed confusion about mental capacity assessments, with 76% of respondents agreeing that solicitors should have official guidance on assessing mental capacity when taking instructions for a will.
"There is currently no statutory guidance for solicitors on how capacity should be assessed when taking instructions for a Will," Weldon noted. "As a result, practice can vary significantly, particularly in complex or borderline cases."
Protection and prevention
For families concerned about a vulnerable relative, early intervention is crucial. Dawson recommends that families seek advice from specialist domestic abuse organisations, including those that focus on economic and financial abuse.
"This is an extremely difficult situation, particularly where the person involved does not recognise that they may be at risk," she acknowledged. "In some cases, encouraging the individual to consider a pre-nuptial agreement may also provide reassurance by offering clarity around the treatment of significant assets, while still respecting their independence and personal choices."
The choice of legal professional also matters. Regulated solicitors operate under strict professional standards, formal qualifications, and mandatory insurance. "Clients also have access to the Legal Ombudsman if something goes wrong," Weldon explained.
By contrast, unregulated will writers operate without the same safeguards. "This can leave elderly or vulnerable individuals with limited protection if errors are made or concerns arise later."
Reform on the horizon
Legal reform may be coming. Proposed changes would remove the automatic revocation of wills upon marriage, align capacity tests across different legal decisions, and make it easier for courts to intervene where there's credible concern about coercion.
"At present, proving undue influence requires a very high level of evidence," Weldon said. "Proposed reforms would make it easier for courts to intervene where there is credible concern about coercion or manipulation."
The reforms would also introduce stricter controls around gifts to those involved in drafting a will. "Together, these changes would significantly strengthen protections for vulnerable individuals," she added.
The bottom line
Whilst predatory marriage remains relatively uncommon, the devastating impact on affected families and the limitations of current legal safeguards demand urgent attention. For families with concerns, early legal advice and open conversations about estate planning remain the best defence. The growing public support for reform suggests change may finally be coming.
