How a legal loophole left a family devastated after a “Predatory Marriage”
The story of 91-year-old Joan Blass from Leeds, who died in March 2016 after battling advanced vascular dementia and terminal cancer, highlights a disturbing issue in the legal system that many may not be aware of: ‘predatory marriage.’ Joan’s family was shocked to discover, just days after her death, that she had been secretly married to a man more than 20 years her junior. This marriage resulted in the man inheriting Joan’s entire estate, a situation that has since exposed a troubling legal loophole that affects many vulnerable individuals and their families.
How a Legal Loophole Overturned Joan’s Will
In this case, the loophole in question stems from the fact that under current UK law, a marriage automatically revokes any previous Will. Joan Blass’s Will, which she had prepared long before, left everything to her son and daughter. However, because of her unexpected marriage to a much younger man, that Will was nullified, and her new husband became the sole beneficiary of her estate.
Joan’s family firmly believes that she was the victim of a predatory marriage — a term used to describe situations where an individual is coerced or manipulated into marriage, often to gain access to their assets. They are adamant that Joan lacked the mental capacity to consent to the marriage, stating that she wouldn’t even have remembered the ceremony due to her advanced dementia. Sadly, this situation is not unique, and it raises significant concerns about the adequacy of current legal protections for vulnerable individuals.
Why the Law Needs Reform
Joan’s family sought legal advice but were advised to settle rather than pursue a potentially costly and uncertain legal battle. The difficulties they faced in seeking justice are compounded by several factors:
Lack of Awareness and Publicity: Many cases like Joan's go unreported or are shrouded in silence due to court judgments or fear of legal repercussions. This makes it challenging to raise awareness about the issue and advocate for legal reform.
Emotional and Financial Toll: Legal battles in cases like these can be lengthy, expensive, and emotionally draining. Families are often left feeling traumatized, ashamed, and without a clear path to justice.
What Can Be Done to Protect Vulnerable Individuals?
Joan’s story highlights a significant gap in the current legal system's ability to protect those who may not have the capacity to consent to marriage. Here are some potential steps that could help prevent similar situations in the future:
Improving Safeguards for Vulnerable Individuals: Introducing a system where potentially vulnerable individuals, such as those with dementia, are registered via their GP or another authority. This could create a database that registry offices must check before a marriage license is granted.
Mandatory Capacity Assessments: Ensuring that both parties to a marriage are required to undergo a capacity assessment to confirm they have the mental capacity to understand and consent to the marriage. This could be especially important for elderly individuals or those known to have cognitive impairments.
Public Awareness Campaigns: Increasing awareness about the issue of predatory marriage through public campaigns and education, particularly for families and caregivers of elderly or vulnerable individuals.
Legal Reform: Advocating for changes in the law to ensure that a new marriage does not automatically revoke an existing Will unless it is clear that the individual had the mental capacity to make such a decision.
Conclusion: A Call for Change
The case of Joan Blass underscores the urgent need for legal reform to protect vulnerable individuals from exploitation through predatory marriages. With an estimated 850,000 people living with dementia in the UK, more robust safeguards are necessary to ensure that all parties to a marriage genuinely consent and have the capacity to do so.
Joan’s family, and many others like them, deserve justice and peace of mind. While pursuing legal action may not always be a viable option due to the cost and uncertainty, awareness and advocacy can help bring about the necessary changes to close this dangerous legal loophole and protect the most vulnerable members of our society.