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Legal matters

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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Original poster

Need advice- can Dad's 'estranged' wife claim part of his estate after he dies

27 replies

inapickle2012 · 21/05/2012 17:46

I have namechanged as my usual name is known to friends and this is not something I can share with them.

6 Years ago my Dad met and married a lady half his age from another country. They appeared to get on well and I really liked her but last week he told me they have not been getting on and she has returned to her home country. During their marriage Dad was really generous towards her and paid off her mortgage in her home country (they have holidayed there a couple of times each year, so that is why she kept her house).

To complicate things I have received emails from someone claiming that Dad's wife was unfaithful to him while she was here. I've struggled with what to do for the best about this- and have decided its probably best not to upset him by telling him- it might not even be true.....

Dad told me when they got married that they had arranged a prenup, he has now discovered that because they signed it the day before the wedding it is void (he now tells me that they should have done it at least three weeks before the wedding for it to be legal). He has agreed to give her £30,000 as a settlement.

Dad doesn't have savings- he has a home with a partial mortgage and he owns a business. I have worked in his business for 15 years and am a director.

He isn't sure how he will find the £30,000 and has said that his wife is not in any hurry for the money. he is hoping to somehow raise the funds by remortgaging his house.

I realise this is selfish but I am worried that if this drags on for years and years and anything happens to Dad, she could arrive back in the UK to claim half of his house and half of his business. I realise that as his wife she is entitled to a share of his assets and I am not concerned about his home- only about loosing the business which is my livelihood and has been in our family for three generations.

I am sorry if this sounds like a selfish post, but I think it is probably best to admit that I am concerned about how this could affect my family business and myself- as well as Dad.

Any advice as to whether she could turn up and claim ownership of our business if anything happened to him would be so so very gratefully received.

OP posts:

mirry2 · 21/05/2012 17:53

I thought a prenup was for a divorce settlement? Is he divorcing her?

Gigondas · 21/05/2012 18:02

Where is he resident? Pre nup status in uk is complicated.

tittytittyhanghang · 21/05/2012 18:05

If your dad dies and he is still technically married then i do believe the estranged wife can claim her legal rights. Im pretty sure this applies in the UK at least.

Original poster

inapickle2012 · 21/05/2012 18:18

Yes they are getting divorced.

He is a uk resident. She has Thai and British nationality (the latter through marrying Dad and completing citizenship tests).

OP posts:

mirry2 · 21/05/2012 18:45

But I doubt her legal rights extend to half her husband's estate, given she has only been married to him for 6 years - and how do prenups work, even if they are legal in the UK? If she is divorcing him, surely she isn't entitled?

tittytittyhanghang · 21/05/2012 19:35

Once divorced she would not be entitled to anything, im not sure how it would work out if he died mid divorce. Pre divorce she is entitled to her legal rights however much that is. One of my mums close friends was made homeless after her partner of 20+ years died as her later partner was still married to his first wife and the wife took her share of his house, which the wife had not contributed anything towards. House was in his sole name and despite mums friend living there and paying half the bills etc for the best part of 20 years she wasn't entitled to a thing.

An0therName · 21/05/2012 20:09

Has he written a will - he can leave his money to whoever he likes - although I believe the spouse can challenge it
Has he got a soliciter - if not he need one I would suggest

Mama1980 · 21/05/2012 20:10

Yes she can but only if the divorce isn't final.

Mama1980 · 21/05/2012 20:11

Oh and a will cannot override everything if they are married, ie she would have good grounds to challenge it.

nicecupofteaplease · 21/05/2012 20:18

It is covered by the Inheritance (Provision for Family & Dependents) Act 1975. There are specified people who have leave to apply for reasonable provision under this Act, one of which is a spouse, another is a former spouse provided he or she has not remarried. A former spouse would have a harder case to prove that reasonable provision should have been made for her than a current spouse but nevertheless could still apply.

It's nice that people want to offer advice, but I would be very wary of accepting legal advice on an internet forum - some of the statements above are incorrect I'm afraid.

An0therName · 21/05/2012 20:25

Just did a bit of googling
There are no rules in England and Wales which create an absolute right for a spouse, children or others to a fixed share of a deceased's assets. However, the estates of English and Welsh resident individuals can be challenged if they do not make proper provision for their family and dependents.

www.lavellecoleman.ie/Wills-Probate,-Trusts-and-Inheritance-Tax.aspx

so the question is which he would have to ask a solicitor is what is proper provsion for a spouse you are divorcing, in a relatively short marriage it that makes a difference and sounds like has some assets of her own

mirry2 · 21/05/2012 20:58

Is he supporting her now that she's moved abroad. If not she's surely not a dependent?

Collaborate · 21/05/2012 22:40

As nicecupoftea posts, much of what has been posted here is incorrect.

If he's agreed to pay her £30k on a clean break, he should get that recorded in a court order which his solicitor will ensure means she won't have a claim against his estate on death.

babybarrister · 22/05/2012 14:22

This reply has been deleted

Message withdrawn at poster's request.

Collaborate · 22/05/2012 14:38

His legal rep should ensure that the order, when made, specifically prevents her applying to court on his death under the Inheritance Act.

MOSagain · 22/05/2012 15:50

Agree with Collaborate and babybarrister.
Would also add he should make a new will once divorce is final and I'd recommend Mumblechum. see her ad in private ads, she charges significantly less than a high street solicitor would.

nickelbabe · 22/05/2012 15:52

if they divorce, she loses all rights to any inheritance.

MOSagain · 22/05/2012 16:23

unless, I think, they had not sorted out the finances and she could apply under the Inheritance (P for F & D) Act if she could prove she was dependant upon him.

Collaborate · 22/05/2012 16:44

nickelbabe that's only relevant if he dies intestate.

nickelbabe · 22/05/2012 16:49

yes, that's true - a will overrides the standard allocations - but if he doesn't include his ex-wife on his will, she won't be able to appeal it, will she? or will she?

Collaborate · 22/05/2012 16:52

Yes she will be able to challenge it. That's what this whole thread is on about.

nickelbabe · 22/05/2012 16:55

ah, I thought it didn't matter (about will) - sorry, I'm being a bit dim today.

mercibucket · 22/05/2012 17:07

It's really important your dad gets proper legal advice on all of this - maybe you could encourage him to go see a solicitor, particularly wrt the business. I would imagine it depends on the status of the business as well. Definitely don't have him handing over large sums of money informally
Sorry, that all sounds obvious!

mercibucket · 22/05/2012 17:07

IDontDoIroning · 25/05/2012 08:10

He needs proper legal advice. He probably has grounds for divorce if she has upped and left the uk. He should make a new will immediately. My Fil did this during his divorce as he was told if he died before the divorce was final she would inherit.
The marriage wasn't a long one so he shouldn't make any unofficial settlement before seeking legal advice as she may not be entitled to it.

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