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While entering into a new relationship is often a source of joy for many, there are unscrupulous people who seek to take advantage of people looking for love.
Romance scams can jeopardise a person’s estate in a number of ways and education and vigilance are required to protect valuable assets.
Whether you are seeking to protect your own estate or are concerned that someone you know might be at risk, we want to help you understand the risks posed by romance scams.
Romance scams operate in the form of a person grooming someone else into believing they are in a relationship so that they can more easily access the victim’s money.
The way in which this takes place manifests in two distinct ways.
The most common form of romance scam involves the manipulation of a person into sending notable amounts of money to the scammer.
This is often done through gift cards or cryptocurrency, given that these are harder to trace and recover.
Even this form of romance scam can jeopardise an estate as assets may be sold or given away to meet the scammers’ demands, leading to confusion and additional grief when the Will assumes they were still part of a deceased person’s estate.
The second form of romance scam is more pressing for those concerned with Wills.
This is a more involved form of scam where the scammer marries the victim in order to gain access to their estate.
This scam typically targets older people, as the payoff to the scam occurs once the victim dies.
The scam succeeds because marriage automatically revokes previously created Wills, meaning that no additional coercion is required to ostracise beneficiaries of a person’s estate.
If no new Will is created after the old Will is revoked, a person’s estate becomes intestate upon death.
When this happens, the married partner of the deceased inherits all the personal property and belongings of the person who has died, the first £322,000 of the estate and half of the remaining estate.
Understandably, this can be quite a lucrative scam and can cause untold emotional distress to the loved ones left behind.
Given that marriage automatically revokes Wills, it can be challenging to protect a person’s estate from a romance scam.
If you believe that a loved one is subject to a romance scam, you need to act quickly before the marriage is completed.
It is possible to file a marriage caveat to temporarily block a marriage while the matter is investigated further.
This must be done in accordance with the Marriage Act 1949 and it would be best to get the advice of a professional to ensure this is completed correctly.
Additionally, you can apply to the Court of Protection for an injunction if you feel the person involved lacks the mental capacity to enter into a marriage willingly.
If you feel that you might be falling for a romance scam, then now is the time to seek help.
While we cannot advise you on relationships, we can help you understand some of the warning signs of romance scams and help protect your estate accordingly.
Wills represent your financial legacy and your family’s financial future and they are tempting targets for scammers.
We work to make sure your Will is accurate and up to date and are keen to protect your assets from unsavoury dealings.
If you have any concerns about the integrity of your estate or if you want help writing a Will, speak to our team today!
Head of Wills, Probate and Older Client Services
I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.
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