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Predatory Marriage

12 replies

WithMyEncyclopedia · 15/09/2021 21:59

I read this Guardian article today and found it shocking - "Her daughter says Joan Blass was 87 and had dementia when a man befriended her, then married her quietly, inherited her estate when she died – and buried her in an unmarked grave. Now Franks works tirelessly to make such marriages a crime" - I suggest reading it in full.

www.theguardian.com/society/2021/sep/15/daphne-franks-the-woman-who-lost-her-much-loved-mother-to-a-predatory-marriage

I guess I was shocked that they could get married with no questions, particularly where that automatically invokes a legal change (to her will). And that there seems to be a playbook for frauds to do this.

Anyone familiar with this area? Would her proposals - to stop marriage automatically revoking a will (in England) - have any negative consequences? Could these people still get away with it by persuading them to change their wills (I'm not too knowledgeable about POA etc)?

A snippet:
Folan, who was 24 years younger than Blass, quickly became a constant presence. He was always around, his belongings scattered through Blass’s house, although Franks says Blass could never remember his name – she always called him “Laddo”. Sometimes, Franks says, her mother would ask her: “Who is he?” and: “Where did he come from?” Once, she asked: “Did you get him for me?”

“That’s the one that really broke my heart,” says Franks. “She thought he was some sort of care worker.”

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WithMyEncyclopedia · 16/09/2021 07:51

Bump

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Purplewithred · 16/09/2021 08:04

I’m more astonished that the marriage wasn’t declared invalid - she had a clear diagnosis and definitely lacked capacity to understand the consequences of her actions. Appalling.

I quite like the fact that wills automatically change on marriage - I think that reflects the legal financial changes that happen on marriage that more people should pay attention to.

starrynight21 · 16/09/2021 08:13

I'd be surprised if the law about wills/ marriage was repealed just to prevent such an event happening. It must be pretty rare for a person with dementia to be married under these circumstances.

I'd be more likely to want to find out who performed the marriage and have them investigated.

Porcupineintherough · 16/09/2021 08:34

What an awful case. I dont agree with her campaign to couple marriage from wills though, far better to improve ss/police practise to protect people w dementia from exploitation. We had a terrible time stopping a family member defrauding my father a few years ago. Social services were bloody useless, epically, dangerously so and even with power of attorney it was very difficult to stop.

VictoriaBun · 16/09/2021 08:42

A will doesn't have to automatically change in marriage . I am with my partner 10+ years , made a will leaving my assets to my dcs . My will made via a solicitor states it will not change if I were to marry him .

PerkingFaintly · 16/09/2021 08:47

Yes, I was shocked by that article.

I thought some of the things they're doing are very sensible, like seeking better training for registrars (who do ask some questions at the moment, but not necessarily suitable Qs).

But I'm not sure either way on marriage/wills. I can see that it would removing the automatic will invalidation would remove the motivation for the marriage; on the other hand there are benefits to the automatic change, and as you say, the predators could just use a different tack.

Would need to look at evidence comparing issues in countries with each system.

WithMyEncyclopedia · 16/09/2021 08:53

@VictoriaBun

A will doesn't have to automatically change in marriage . I am with my partner 10+ years , made a will leaving my assets to my dcs . My will made via a solicitor states it will not change if I were to marry him .
That's interesting! But this wouldn't have helped in this situation. Not everyone has your foresight Smile

Porcupine sorry to hear that. Do you have any specific ideas about what they could feasibly do (I know that sounds sarky and it isn't meant to be - it's not an area I know much about!)?

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RestingPandaFace · 16/09/2021 08:57

Marriage is a legal contract, and if she had dementia I would have thought it was grounds to annul the marriage and void the will change.

Action should have been taken to annul the marriage as soon as the family knew about it.

PerkingFaintly · 16/09/2021 09:11

According to the article, after someone's died the marriage can only be annulled if it was incestuous or bigamous.

So that would be a reason the predator kept the marriage secret until after the woman's death.

Porcupineintherough · 16/09/2021 09:29

@WithMyEncyclopedia what would have helped in our case and I think in this one, is not to take the word of the demented person at face value and then sign off everything as being fine.

So my dad would sit there smiling and saying he was fine and there were no problems and he was happy to give x some money and that would be that as far as SS were concerned. The fact that he couldn't remember how much money he was giving (ie all of it), that he was constantly on the phone to us panicking because he had no money (thought his pension wasnt being paid), that bank staff were reporting him bring "accompanied" to the counter to withdraw money which was then handed over after which he was abandoned (bank had to put him in a taxi to get him safe home, he couldn't manage the bus), his tv and belongings disappeared to the pawn shop - none if this mattered to as because dad said it was fine.

Everything culminated when x smashed up his house because he wanted money (and dh had no more to give). Police were called and x was arrested and even then my dad was sat there in the middle of the wreckage claiming all was well.

We had solicitors involved at this point and got some legal protections in place with police help which was quite difficult in light of the ss reports. Cost 8k in fees.

Porcupineintherough · 16/09/2021 09:31

ddad had no more to give...

WithMyEncyclopedia · 16/09/2021 09:40

Shock oh God, how awful

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