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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Claims of inheritance

33 replies

ples1809 · 03/01/2017 22:01

My dad married a thailand national in thailand but she did not apply successfully for a visa to live here in the uk with my dad. They have been marrried approx 4 years. My dad has made a will and has not included his wife in it. They have never lived together but he has visited his wife twice a year in Thailand. They are not divorced but he has decided that he will not be travelling to Thailand to see her again.Does she have rights to any of his estate when he dies ?

OP posts:

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AndShesGone · 03/01/2017 22:03

Yes I would think so. If he doesn't want to leave her anything he will have to divorce her and argue over the current assets.

Newtssuitcase · 03/01/2017 22:04

She's his wife..

LIZS · 03/01/2017 22:06

I think she only has an automatic claim if there is no will. Does he have property in Thailand?

Newtssuitcase · 03/01/2017 22:06

If the marriage is legal under Thai law then it is recognised in the UK

mumofthemonsters808 · 03/01/2017 22:09

As far as I'm aware if she is not named in the will, she can still make a claim on his estate. However, this is a costly and lengthy process and her case would need to provide evidence of her contributing financially to his wealth, I don't think just being married can overturn the named beneficeries.However, I could be wrong, I'd seek some proper legal advice on this one.

ples1809 · 03/01/2017 22:25

He does not have any property in Thailand.

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ples1809 · 03/01/2017 22:29

I have read that she would be entitled to a third even if there is a valid will and she is not in it and he has children even though they are not hers. But if they have never lived together as man and wife. Will she have a valid claim ?

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greenfolder · 03/01/2017 22:29

What was the legal advice when he made the will?

LIZS · 03/01/2017 22:30

If the marriage was legal it won't matter if they lived together.

LineyReborn · 03/01/2017 22:31

Are you / he in Scotland?

ples1809 · 03/01/2017 22:31

My Dad has decided to not tell the solicitor about his wife in Thailand.

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ples1809 · 03/01/2017 22:35

We do not live in Scotland. Do you think there is a time limit on how long his wife has to a claim of inheritance after he dies.

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MissStein · 03/01/2017 22:36

Your dad is a fucking ass then and if any executors know of said wife, they will have duty to inform solicitor of such, and if not, can be liable for any claims brought about by the wife. So some poor Thai woman is good enough to marry (and i assume have sex with) but not to provide for after his death. Charming.

MovingOnUpMovingOnOut · 03/01/2017 22:37

My Dad has decided to not tell the solicitor about his wife in Thailand.

Then he is an idiot. The solicitor cannot advise properly without the facts.

appalachianwalzing · 03/01/2017 22:40

My understanding is you can't disinherit a spouse, they have a claim on at least 1/3 of the estate.

The executor of the Will would have to inform her after he died- it's part of their legal duty to tell everyone with an interest in the estate, and a wife definitely fits that bill. If they did not, they could get into significant trouble.

Not telling his solicitor of her existence suggests he knows she has an entitlement and doesn't want to deal with any arguments from you about why he should divorce her. Or perhaps doesn't want to accept he made a mistake.

You can annul a marriage on the grounds of non-consummation, but you still need to actually go through a process to do so. If it has been consummated, then it doesn't matter if they've lived together: the way to write her out of the will is to divorce her.

MeadowHay · 03/01/2017 22:40

Unlikely that she could benefit from a will that she's not named in. It's possible for her to make a claim as PP said above but unlikely for her to succeed if they've never even lived together or had joint finances at any time or anything like that.

But your dad should tell his solicitor about his wife!

LineyReborn · 03/01/2017 22:43

So we're talking about England & Wales law?

Is his wife in any way a dependant? Would you not wish to settle a sum of money on his wife?

LIZS · 03/01/2017 22:45

Does he support her financially? She might be able to claim on his pension/ life insurance as next of kin.

vimtoqueen1 · 03/01/2017 22:48

My dad also married a Thai lady. She came and lived in the U.K. for a couple of years and then walked out on him. She returned to Thailand after working in the U.K. For a couple of years. My dad has never divorced her but has had the solicitor specially say on his will that nothing is left to her and that she has no claim as she never paid anything into the household. His house is now in joint names with me so it doesn't have to go through the will and probate. The mortgage on the house was actually paid off by insurance when my mum died so he wanted to make sure she couldn't claim part of it.
Your dad needs to tell the solicitor!

ples1809 · 03/01/2017 22:50

Thanks for the advice guys. I think I need to talk some sense into my Dad. If he wont tell the solicitor about his wife in Thailand then he wont get accurate advice about what his options are.

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purpleshortcake · 03/01/2017 22:54

A divorce sounds cheaper than potentially losing a third (or more) of his estate. If he feels guilty divorcing her maybe he could give her a cash settlement on the proviso she agrees to a quick divorce?

titchy · 03/01/2017 22:58

Easy question then given the solicitor made the will under false pretences that renders the will invalid, so unless he sorts it out and tells the solicitor (who can make a statement to the effect that although he acknowledges the marriage as they never lived together, are separated, and he has never supported her financially, he leaves her nothing), he will die intestate and the laws of intestacy (Google it) are such that she automatically inherits the first £250,000 of his estate.

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iogo · 03/01/2017 22:59

So, what, is your dad just going to cull her? Stop communicating and hope he never hears from her again?

He sounds like a horrible man.

titchy · 03/01/2017 23:00

The third of estate thing doesn't apply in England. A will made before a marriage is also invalid once someone gets married (unless the will specifically says it is made 'in contemplation of marriage').

Megatherium · 03/01/2017 23:06

Failing to tell the solicitor all the facts doesn't make the will invalid, but it would be really stupid not to tell the solicitor so that he can receive accurate advice. The wife could make a claim under the Inheritance (Family and Dependents) Act 1975 which says that a surviving spouse can claim what is reasonable irrespective of whether she does or does not need maintenance.

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