Daphne Franks' mother, who had vascular dementia and terminal cancer, befriended a much younger man who secretly married her. When she died, he inherited everything because an English marriage* immediately cancels any previous wills. The daughter never knew about the marriage so was unable to stop it.
Which got me wondering on what grounds you can annul a marriage, as that is one possible solution.
An English marriage is automatically void if:
- you're closely related to the other person
- one or both of you were under 16
- one of you was already married or in a civil partnership
- it wasn't sexually consummated (doesn't apply to same-sex couples)
- you didn't properly consent - for example you were forced into it
- you were unable to consent because of a lack of mental capacity
- your spouse had a sexually transmitted disease when you married
- your spouse was pregnant by someone else when you married
- your spouse is transitioning to the opposite sex
Daphne Franks is also campaigning for a change in the law to stop a marriage cancelling a previous will.
But what a terrible end to her mother's life.
*but not in Scotland
**you have to apply to a divorce court for a declaration that the marriage is void
Pic: Daphne Franks and her mother Joan Blass
PS: I've been in touch with Daphne through Facebook and she says "Fabian Hamilton MP asked Boris Johnson what he was going to do about it in Prime Minister's Questions on 9 June 2021. Change is now on the way I'm pleased to say but don't know the details yet!"
That is terrible such a thing could occur. I would hope the daughter could somehow void that marriage.
ReplyDeleteI hope so. She's fighting on despite a lot of rebuffs. She's not going to let him off the hook.
DeleteHow awful. I know in my state, nothing overrides a will except a new will. But I would think a doctor’s statement on when the mother’s dementia approximately began would solve the situation.
ReplyDeleteBijoux: You would think that would help. I don't know if she's discussed it with her mother's doctor.
DeleteWhat a despicable thing to do for money. I am stunned.
ReplyDeleteRamana: Unfortunately there are people who will stop at nothing to enrich themselves.
DeleteIt happens, particularly with old dementia suffering men and an opportunistic young woman.
ReplyDeletePredators of the worst kind. I hope she succeeds.
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www: Apparently this happens so often it has its own name - predatory marriage. I hope she succeeds too.
DeleteJust plain wrong. I hope the daughter is successful.
ReplyDeleteJoanne: She should launch a full-scale public campaign to change the law on marriages cancelling wills.
DeleteI hope the daughter finds a lawyer who can win this case.
ReplyDeleteTerra: I would have thought a specialist matrimonial lawyer could present a successful case for annulling the marriage.
DeleteMental incapacity is really hard to prove in the UK.
ReplyDeleteAnyhow, this is awful.
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Ms Scarlet: I found it very easy to get a power of attorney for my mum. They didn't question my assertion that she was no longer capable of managing her affairs.
DeleteThat's not the same thing, Nick. Power of Attorney is really easy to get.
DeleteThe Capacity Act says: Do not treat a person as lacking the capacity to make a decision just because they make an unwise decision, etc
We have the right to make unwise decisions - so Daphne Franks might have a hard time proving her point.
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Link to Mental Capacity Act UK.
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Ms Scarlet: It seems to me that a marriage registrar should have to ask a wide series of questions to determine if a person understands that they're marrying someone. Whether this is the case or not I don't know. Certainly when Jenny and I were marrying we were not closely questioned about anything and it was just assumed we knew what we were doing.
DeleteMs Scarlet: Thanks for the link. But it doesn't seem to say anything about marriage specifically, only mental incapacity in general.
DeleteI think marriage would fall under the banner of 'Decision'!
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Ms Scarlet: Yes, that's possible. So did she make a genuine decision to marry or was she just manoeuvred into it, not understanding what she was being manoeuvred into?
DeleteI had read about this case. It is truly a despicable act to marry someone to get whatever they have. Having a sister who has some dementia from a stroke, it is humbling and humiliating how vulnerable she has been to sheer greed from others. I think the worst was a preacher who took large donations. How they can let this lay on their conscience. Others, it is probably how they live their lives. It makes we worry about when I get older.
ReplyDeleteAnn: It's despicable behaviour. Has your sister had a lot of similar approaches? My mother had dementia for a while and quite possibly encountered similar chancers, though she may not have told me "because she wouldn't want to worry me".
Deletegood lord what a MESS. you would think that Someone could have questioned it? it's like everyone just turned away! I mean it's so suspicious in so many ways.
ReplyDeleteI wish the daughter well in her vow to make a difference for others. though probably too late for her own mum.
Tammy: It looks like the registrar was far too easily convinced this was a valid marriage and didn't ask any really searching questions.
DeleteThat is dreadful! There are some bad and unscrupulous people out there.
ReplyDeleteLiz: Some people will happily exploit a legal loophole to take what isn't theirs.
DeleteThis is just utterly despicable. I hope Daphne's campaign is successful.
ReplyDeletePolly: I hope so. Apparently the British government is drafting an amendment to the present law on marriage and wills.
DeleteThat's crazy. The marriage should be void since she had dementia.
ReplyDeleteMary: I don't think the registrar was doing her job properly. She more or less rubber-stamped the marriage without asking any serious questions.
DeleteIf there was a previous dememntia diagnosis, it should be an open and shut case. Contesting the will might be more appropriate than voiding the marriage?
ReplyDeleteUnfortunately there will always be those who find ways to take advantage of elderly, vulnerable people
Kylie: I hadn't thought of contesting the will, but that may be possible. I have no idea on what grounds the law would allow the will to be contested.
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