Defending Against Predatory Marriages (ON)

Summary

This practice note begins by providing a definition of the term "predatory marriage" and indicates tactics used by perpetrators as well as effects on the victims and legal consequences under relevant family law legislation. This practice note discusses remedies in a predatory marriage situation. The first remedy is to revoke the predatory marriage on the ground that it is void ab initio for lack of capacity to marry. It then discusses the remedy of setting aside the Will on the grounds of i) formalities of execution, ii) knowledge and approval, iii) undue influence, iv) public policy and v) suspicious circumstances. It also discusses the remedy of setting aside an inter vivos gift of the grounds that i) the donor lacked the capacity to make a gift, ii) undue influence, iii) non est factum, the doctrine of resulting trust, unconscionable bargain, and unconscionable procurement. Finally, this practice note discusses the equitable remedies of i) undue influence, ii) unconscionability, ...