The case of Daphne Franks’ mother, Joan Blass has become one of the most striking and prevailing examples of how gaps in testamentary law can be manipulated and have a devastating effect.
It highlights a loophole that many do not realise exists: that the act of marriage automatically revokes a Will. When combined with questions around mental capacity and predatory behaviour, the consequences can be profound, unjust, and irreversible.
The facts of the case: a predatory marriage with life‑changing consequences
Joan Blass was an elderly woman living with severe vascular dementia and terminal cancer. During this period of vulnerability, she entered into a marriage unbeknown to her family with a man who had ingratiated himself into her life. The witnesses to the marriage were his son and a woman whom he had met at a local pub.
Joan’s family consistently reported that she did not have the capacity to understand the nature and implications of marriage at the time the ceremony took place, yet the marriage went ahead.
Under current English law, marriage revokes an existing Will unless the Will is explicitly made in contemplation of marriage.
The consequences were stark:
- The man inherited the entire estate, despite Joan’s long‑standing wishes to the contrary.
- He took possession of all personal items, including sentimental family belongings such as Daphne’s Grandad’s letters from the trenches in the First World War.
- He assumed control of the funeral arrangements, which were carried out in a way that did not reflect Joan’s beliefs or preferences to be cremated and to have her family present.
Why this case matters: capacity is the foundation of valid wills
The tragedy of this situation underscores a fundamental principle: capacity is everything when taking Will instructions.
A person must understand:
- The nature of making a Will
- The extent of their estate
- The claims of those who might expect to benefit
- The implications of their decisions
But capacity is equally crucial when entering into a marriage. The threshold for capacity to marry is currently lower than the threshold for capacity to make a Will.
This mismatch creates a dangerous legal imbalance because a person may lack capacity to make a Will, yet still be deemed to have capacity to marry and that marriage will automatically revoke their valid earlier Will.
The law commission’s proposed reform: closing the loophole
The Law Commission’s recent report on Wills reform acknowledges the seriousness of this issue. One of its key proposals is that marriage should no longer automatically revoke a Will.
If implemented, this change would:
- Prevent predatory individuals from inheriting by engineering a marriage
- Protect vulnerable adults whose capacity fluctuates or declines
- Ensure that long‑standing testamentary wishes remain valid
- Bring the law in line with modern social realities
This reform would not solve every problem, but it would remove one of the most easily exploited mechanisms currently available to abusers.
Why the case never reached court
One of the most troubling aspects of Joan Blass’s situation is that her family had no legal route to challenge what had happened. Although Joan was suffering from severe cognitive decline, the marriage she entered into was treated as legally valid. Under current law, there is no mechanism to annul a marriage after death, even where capacity was clearly in question.
Why professionals must stay vigilant
This case is a powerful reminder of the importance of conducting rigorous capacity assessments and being able to spot signs of undue influence and coercion while taking the necessary steps to safeguard that individual.
The story of Daphne Franks’ mother is heartbreaking, but it has sparked a national conversation about predatory marriage and testamentary vulnerability. It exposes a loophole that the Law Commission now recognises must be closed.
Until the law changes, the best defence is vigilance, robust capacity assessments, and a clear understanding of how marriage and Wills interact. The stakes could not be higher.
How can we help?
Skye Ross is a Paralegal in our expert Wills and Probate team. She provides support to our Wills & Probate team and specialises in drafting Wills, Lasting Powers Of Attorney and Trust documents.
If you have any questions regarding these topics, please contact Skye or another team member in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.
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