long one involving divorce, second marriage, immigration and dementia

[sashh]

Sorry this is going to be long and I don't have precise dates. Names changed obviously.

Adam marries Betty in about 1975 - 1980, Betty has children Charlie and David from a previous marriage (both toddlers) and then has another child Edward with Adam.

They divorce when the children are at primary/secondary school.

After many years solo Adam takes a holiday in a non EU country, and meets Frances. Francis has two children from her first marriage Gerty and Harry.

Frances and Adam marry, Frances, Adam, Gerty and Harry all return to live in the home Adam bought when he split up from Betty in Britain. Adam is generous and buys a property for Francis parents in her home country.

After three years (about) Frances, Gery and Harry all gain British citizenship.

Within a year (possibly 2) Frances says she wants a divorce and she moves out with her children. She sees a solicitor and gets as far as the decree nisi and buys a house (house is in her sole name but costs more than she can get as a mortgage).

Adam carries on for about 5 years but due to ill health and dementia signs financial matters over to his brother Ian. Adam's child and the two older step children think he is divorced. Adam seems to think he is divorced.

Still with me?

Adam sadly passes away and his son asks what he needs to do as next of kin, to find out that Frances has not gone through with the decree absolute and is claiming she should inherit the lot.

So proceeds of house Adam lived in (200K), all personal papers / documents etc and a 50% pension from Adam's former employer (About £20K pa index linked for life).

There does not seem to be a will.

Who if anyone can contest her right to inherit?

No this is not me, but people I know.

I have been looking at the 1975 Inheritance Act (I was asked to by friend) and I'm wondering if the son has a claim. Or if all the children have a claim.

Son lives in a council flat and has health issues so may never work.

Frances owns her own home and will have a reasonable pension for life, her eldest child is now an adult the younger one in college.

Also does anyone know of the legalities of staying married just to inherit, rumour has it that's what Frances was advised to do but no hard evidence.

Thank you for reading

All children and the ex wife (unless her Inheritance Act claims were done away with in the divorce) have the right to bring a claim under the Inheritance Act. They would all need to seek specialist advice.

It is perfectly lawful never to divorce because your financial position remanis best in that state - it is not a fraud or illegal.

Yes some of those who are dependants might have 1975 claims

Good advice from the others above.

This is one of the more interesting questions us lawyers have had on these boards so thanks!

Now you mention it, it does rather sound like an exam question, what with all then names.

Doesn't matter which country. They're all UK residents now, so our law will apply.

Do have in mind that Adam could have himself applied for a Decree Absolute albeit under marginally more onerous conditions - it was NOT just down to Frances' say so one way or the other ....

I realise that, however he did have dementia, when he was still recognising people he talked as though he was divorced.

Glad it's interesting for some of you, and no it is not an exam question, I just used alphabetical names so as not to identify and also because some of the people have the same names as parents.

One thing I don't understand is that a solicitor was involved to represent Adam in the divorce, his health was poor and he was 20+ years older than Frances, so why didn't the solicitor suggest a will?

I've come across the advice to get a will before the decree absolute and with the mixed circumstances ... but I suppose advice could have been given and not taken.

Thank you all.

They're usually disposed of after 6 years. In most firms anyway. Worth asking though.