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Original poster

Legal Pickle

36 replies

Elvisse · 15/02/2025 13:28

My elderly uncle has met online, then married a woman in Thailand. He has only been there for a few holidays and didn’t inform his family about his last trip, kids only found out he was over there when seeing his wedding pics on Facebook!

I believe the reason for the marriage was to get her into the UK to “look after him”. They had previously been denied a visa to visit, so got married for a better chance with a spouse visa. She has never visited the UK.

Obviously everyone really upset, and actually worried for the poor woman being “bought” by this selfish old man.

Unfortunately, uncle been really unwell in hospital a few times recently and he seems to be going downhill fast.

He is adamant his estate should go to his grown up kids, not his wife of six months. No will has been done, but he is aware this needs sorted sooner rather than later. A lawyer has been contacted.

My Q is: can he actually leave nothing to his legal wife? Would she be able to make a claim to overturn his will? They have never lived together, it’s just been him going on holidays to her country, they stay in hotels over there. Not in her home.

He is in Scotland if that makes a difference?

OP posts:
savoycabbage · 15/02/2025 13:33

I don't know but what I do know is that when I applied for a visa for my high earning non-EU husband of over thirteen years, father of our two children, it was denied because I didn't earn enough.

People seem to think that you just get married and that's it. But if the person isn't in the uk it's quite difficult to get a visa.

sugarspiceandeverythingnice12 · 15/02/2025 13:37

My understanding is that in Scotland you can't disinherit your wife or your children

However I'm NOT an expert

LIZS · 15/02/2025 13:38

Is the marriage legally valid? Does she have a residency visa now? I guess she could contest a will not in her favour and he needs to check small print of any pension and insurance policies that they do not default to her as nok and give a different beneficiary,

Original poster
Elvisse · 15/02/2025 13:42

Yes I quite agree. He’s been a silly old man. No fool like an old fool.

Angry at him for taking advantage of a woman, just because he has more assets and thought he had nothing better to do but import her for his own selfish reasons.

Dont know anything about his wife. She may genuinely love him, but they have only met for a few weeks per visit.

OP posts:
Original poster
Elvisse · 15/02/2025 13:47

They did not get a visa yet. He is probably too unwell to complete the paperwork now. He still has capacity though.

Not sue if it was a legal wedding. Looks like a registry office type place from the pics. We are assuming it was a legal marriage, especially given it was for visa purposes. No point in just doing a ceremony….

OP posts:
Original poster
Elvisse · 15/02/2025 13:50

I don’t think his children would mind her getting a widows pension, they are too old to benefit from his pension anyway. It would just cease on death if he hadn’t remarried.

OP posts:
WeeOrcadian · 15/02/2025 13:57

He's elderly and hasn't even written a will!? Kindly, he's a bloody idiot

No formal or legal advice from me, he's a fool though

Original poster
Elvisse · 15/02/2025 14:05

WeeOrcadian · 15/02/2025 13:57

He's elderly and hasn't even written a will!? Kindly, he's a bloody idiot

No formal or legal advice from me, he's a fool though

Totally agree!

im obviously worried for his children. They are the innocent parties to this shit show.

OP posts:
JoyousPinkPeer · 16/02/2025 09:35

Get a will drawn up and get a solicitor to visit him to formalise and witness the will.

Kissedbyfire1 · 16/02/2025 09:37

Can he get a divorce?

Acc0untant · 16/02/2025 09:39

In Scotland from what I understand, regardless of what is written in your will, you cannot disinherit either a spouse or a child.

ThePartingOfTheWays · 16/02/2025 09:43

If they're legally married, he doesn't have a will and keels over tomorrow, these are the Scottish intestacy rules.

https://www.thegazette.co.uk/all-notices/content/103535

It would not all go to his kids!

Original poster
Elvisse · 16/02/2025 09:58

JoyousPinkPeer · 16/02/2025 09:35

Get a will drawn up and get a solicitor to visit him to formalise and witness the will.

I think this is what is planned. However, I’m unsure whether he can actually leave everything to his DC.

OP posts:
Original poster
Elvisse · 16/02/2025 09:59

Kissedbyfire1 · 16/02/2025 09:37

Can he get a divorce?

I don’t think he wants that. He’s still in contact with his wife albeit via the internet.

OP posts:
Original poster
Elvisse · 16/02/2025 10:01

Acc0untant · 16/02/2025 09:39

In Scotland from what I understand, regardless of what is written in your will, you cannot disinherit either a spouse or a child.

Yes, that’s my worry! The estate won’t be huge, so most will go to his wife I think?

OP posts:
Original poster
Elvisse · 16/02/2025 10:12

ThePartingOfTheWays · 16/02/2025 09:43

If they're legally married, he doesn't have a will and keels over tomorrow, these are the Scottish intestacy rules.

https://www.thegazette.co.uk/all-notices/content/103535

It would not all go to his kids!

Thank you. His property is well below £473k, so his wife will get that plus £29k contents plus £50k residual.

His DC are stuffed then! There may be some residual after the £50k, but won’t be a huge amount.

He’s made some poor choices in life, but this one takes the biscuit!

Hopefully a will can be sorted, but not sure if his wife will be able to contest this anyway?

OP posts:
Stanley44132 · 16/02/2025 10:26

As I understand it, the rules in Scotland would override any wishes expressed in a will if there was a challenge.

RitaFromTheRanch · 16/02/2025 10:27

She will get most of it if he's in Scotland

Absolutely gross what some men will do for sex with a young woman.

Kissedbyfire1 · 16/02/2025 10:33

Elvisse · 16/02/2025 09:59

I don’t think he wants that. He’s still in contact with his wife albeit via the internet.

Show quote history

Well he can’t have it all ways can he? If he doesn’t want a divorce then she inherits and his DC lose out. Presumably if he’s in such poor health and she can’t come here then he may never see her again anyway?

Original poster
Elvisse · 16/02/2025 11:11

Kissedbyfire1 · 16/02/2025 10:33

Well he can’t have it all ways can he? If he doesn’t want a divorce then she inherits and his DC lose out. Presumably if he’s in such poor health and she can’t come here then he may never see her again anyway?

Show quote history

Totally agree.

Personally, i don’t think she will ever be able to obtain a visa. The chances were vanishingly small before he got unwell. I think they were hoping that getting married would magically allow her to enter the UK, but I don’t think it’s as easy as that. As far as I’m aware, she wasn’t intending to work here.

She likely had romantic notions of living a comfy life with her beloved husband, but reality is mundane life with old codger. He’s not well off by UK standards, but obviously she saw him as “rich” as he could travel quite comfortably to Thailand a couple of times a year.

She would now need to do the paperwork from Thailand, which may be too difficult given the language barrier.

Hopefully uncle will recover and resume his plans, but this has backfired monumentally. He has basically signed his assets to a woman in Thailand in the hope that she would be able to look after him in old age.

Hes not given any thought to his existing family. He rightly wants them to be the only beneficiaries, but he probably has ham strung himself. What a nightmare!

OP posts:
Motheranddaughter · 16/02/2025 11:19

If he makes a Will spouse’s entitlement will be restricted to 1/3 of the moveable estate

ie not the house

Original poster
Elvisse · 16/02/2025 11:21

RitaFromTheRanch · 16/02/2025 10:27

She will get most of it if he's in Scotland

Absolutely gross what some men will do for sex with a young woman.

Totally agree.

Hence the reason he kept the wedding a secret. He was determined to push ahead with his plans.

He seems to think his wife genuinely loves him and was delighted to be coming to the UK. I have my doubts that any young woman would relish the thought of leaving her friends and family behind, and being totally reliant on an elderly man would be as appealing as he thinks.

OP posts:
ThePartingOfTheWays · 16/02/2025 11:22

The best thing you could do OP is try and encourage him to get legal advice, Really anyone who's elderly, unwell and intestate should see a solicitor pronto whatever their circumstances.

Original poster
Elvisse · 16/02/2025 11:23

Motheranddaughter · 16/02/2025 11:19

If he makes a Will spouse’s entitlement will be restricted to 1/3 of the moveable estate

ie not the house

So he could still leave house to DC?

That’s good news!

OP posts:
Original poster
Elvisse · 16/02/2025 11:26

ThePartingOfTheWays · 16/02/2025 11:22

The best thing you could do OP is try and encourage him to get legal advice, Really anyone who's elderly, unwell and intestate should see a solicitor pronto whatever their circumstances.

Yes. Absolutely been trying! But wasn’t sure if he could legally exclude his wife, and she could contest anyway.

OP posts: