The Landmark Case of Langley v Qin: Setting Aside Wills and Predatory Marriages

Langley v Qin is a significant recent decision which highlights the court’s ability to set aside Wills on the basis of undue influence, insufficient testamentary capacity, and lack of knowledge and approval of the Will.  It also highlights the dangers of predatory marriages, as although the courts do have the power to set aside an invalid Will, they do not have the power to invalidate a predatory marriage following a death, meaning that the widow still benefitted from the deceased’s estate. 

Overview of the Case

In this case, Robert Harrington (a 93-year-old widower) married Guixiang Qin (his 54-year-old carer).  Mr Harrington had formerly been married for 66 years, and had one daughter from his previous marriage (Jill Langley). 

Following Mr Harrington’s marriage to Mrs Qin, he prepared a new Will which cut his daughter Jill out from receiving any benefit from his estate.  Jill disputed that the Will was valid on the basis that Mrs Qin had exerted undue influence on Mr Harrington, that Mr Harrington had not had sufficient capacity to prepare the Will, and that Mr Harrington had not had knowledge and approval of the contents of the document. 

The court set aside the Will as;

1. The court believed that Mrs Qin had played a part in misleading Mr Harrington as to the contents of his Will, as she had already acted with a significant degree of impropriety through her access to Mr Harrington’s bank accounts.  Mrs Qin attempted to conceal transactions from HMRC, and the court found that it was highly likely that Mr Harrington had not read the draft Will which had been given to him.

2.  Following on from Mrs Qin’s access to Mr Harrington’s finances, and the significant role which she played in organising and providing the instructions for the Will, it was also held that Mrs Qin had exerted undue influence on Mr Harrington, and that she had exacerbated Mr Harrington’s delusions to encourage him to believe that he was estranged from his daughter for her financial benefit.  The court followed the principles established in Rea v Rea [2024] EWCA Civ 169.

3.  Following the precedent set by Clitheroe v Bond [2021] EWHC 1102 (Ch), and careful examination of the medical notes of the deceased, the court found that Mr Harrington was suffering from a paranoid delusional disorder when the Will had been prepared, and that he held a number of false beliefs (for example his mistaken belief that he had been estranged from his daughter for several years as she had stolen from him, and that he had been a senior officer in the military).  The court therefore found that he likely did not have sufficient testamentary capacity, as he was suffering from a disorder of the mind that was affecting his decision making.

Although the Will was set aside, Mrs Qin was still entitled to the first £270,000 of the residuary estate, all of his personal chattels and half of the remaining residue of the estate as his spouse under section 46 of the Administration of Estates Act [1925] as his spouse.  Although Mr Harrington had prepared another Will, this was invalidated by his marriage to Mrs Qin, and she therefore benefits from his estate automatically under the laws of intestacy.

Lessons from Langley v Qin

1. Always review your Will before and after marriage:  Marriage will likely invalidate any and all earlier Wills unless specific wording is used, and the genuineness of the marriage is not a matter for the court to interfere with.

2. Ensure that you update your Will following significant life events:  This case highlights the importance of ensuring that you review your Will following significant life events (e.g. marriages, births, deaths), as these can have unknown and significant impacts upon the tax position and distribution of your estate.  The wording of your existing Will may no longer be suitable in your estate’s circumstances, and not keeping your Will up-to-date can lead to unintended results. 

3. Prepare Lasting Powers of Attorney to appoint trusted parties to manage your finances: Although the law protecting people from predatory marriages is still woefully lacking in the UK, you can take control of who is authorised to deal with your finances by ensuring that you have professionally prepared and registered Lasting Powers of Attorney setting out who is entitled to deal with your finances. 

4. Report Suspected Financial or Economic Abuse to the Police or Action Fraud:  If you are concerned that you or a loved one are the subject of financial abuse, then you should report the matter and seek help.  Economic abuse is a form of domestic abuse, and has been legally recognized under the Domestic Abuse Act [2021].

5. Appoint Professional Executors:  Although professional executors will charge for their time in administering your estate, they are professionally bound to ensure that your estate is administered in accordance with your Will, and that proper declarations are made to HMRC and the Probate Registry. 

6. Keep Detailed Records of Interactions with a Family Member if You Believe That They Are the Subject of a Predatory Marriage:  In Langley v Qin, the court examined a considerable number of documents in order to establish whether it was likely Mrs Qin had exerted undue influence.  Notes of interaction which cause concern can be submitted to support your claim if you find yourself in the unfortunate situation where a loved one has been the subject of a predatory marriage (which is on the rise). 

Summary

The case of Langley v Qin is a powerful example of why it is essential to ensure that you plan your estate properly, and that you have provisions in place well before you are expected to begin suffering from dementia or mental decline.  

If you need to discuss your Will and Estate, or if you have concerns about another person’s Will or estate, then please contact the team on 0333 577 2250 to book a meeting with a member of or specialist team.