LawTorn: Conversations from the Frontline of Family Fights
LawTorn: Conversations from the Front Line of Family Fights
Hosted by Samara Dutton, Partner in our Private Wealth Disputes Team, and Philippa Dolan, Partner in our Family Team. LawTorn is a podcast exploring family law, divorce, wills disputes, and inheritance challenges.
When family disputes turn into legal battles, emotions run high and the court system can feel daunting. In this new podcast series, Samara and Philippa draw on their experience in family and inheritance law to unpack the legal processes while honouring the very human stories behind this kind of litigation. They discuss the emotional and practical difficulties their clients face, the similarities and differences between family and civil court’s approach to these, and how lawyers can help clients find resolution and regain a sense of calm amid conflict.
Our hosts will explore topics including common-law marriage, will challenges, prenups and postnups, as well as the moral questions that arise when families fracture. With insights from guest experts and colleagues, LawTorn aims to demystify complex legal concepts and procedures while making family law and dispute resolution more accessible.
If you have a question you’d like Samara and Philippa to discuss, please send it to lawtorn@collyerbristow.com. New episodes will be released on the last Monday of each month.
Disclaimer: This content is provided for general information only and does not constitute legal or other professional advice. Appropriate legal or other professional opinion should be taken before taking or omitting to take any action in respect of any specific problem. Collyer Bristow LLP accepts no liability for any loss or damage which may arise from reliance on information contained in this material.
LawTorn: Conversations from the Frontline of Family Fights
Marriage, Capacity and Control: The Risks of Predatory Relationships
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In this episode of LawTorn, Samara Dutton, Partner in the Private Wealth Disputes team, and Philippa Dolan, Partner in the Family team, explore the increasingly concerning issue of predatory marriage, where vulnerable individuals, often elderly or lacking mental capacity, are targeted, manipulated, and in some cases coerced into marriage with serious legal consequences.
They discuss the typical fact pattern in these cases and examine how marriage can unintentionally revoke an existing will, creating a risk of intestacy and potentially diverting estates to individuals who have exploited a position of trust. The conversation considers how this outcome arises from the intersection of longstanding legal principles, often with unintended and distressing consequences for families.
The episode also explores the complex interplay between the legal tests for capacity to marry and capacity to make a will, highlighting the lower threshold required for marriage and the vulnerabilities this can create in practice. Samara and Philippa reflect on how these differing standards can be exploited, and why the current legal framework has been criticised as leaving a significant gap in protection.
They go on to consider the practical and legal challenges in addressing predatory marriage, including the role of registrars, the evidential difficulties in challenging the validity of a marriage, and the options available where concerns arise. These include preventative steps, applications to the Court of Protection, forced marriage protection orders, and the use of statutory wills.
Finally, the discussion turns to proposed legal reforms aimed at addressing these issues, including recommendations to remove the rule that marriage revokes a will, and whether these changes will go far enough to protect vulnerable individuals.
As ever, the episode highlights the sensitive and often distressing realities that sit behind these cases, as well as the importance of early advice and careful navigation of overlapping areas of law.
Stay tuned. New episodes are released on the last Monday of each month.
For questions or feedback, please contact us at lawtorn@collyerbristow.com
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