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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My husband ( american) and I ( British) are married under the

Resolved Question:

My husband ( american) and I ( British) are married under the Belgium law of community of goods. He has to kids over 18 from a previous marriage. We have together 2 kids who are minors.
We are moving to the Uk and planning to buy a property.
Can my husband make a will specifying that he wants this property to be mine and our two children only? Indeed, his two older sons already have been given properties in France.
Or will our marriage law have to be applied and the property would have to be divided equally between his 4 children?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWill the property be purchased in joint names?
Customer: replied 1 year ago.
Yes
Expert:  Clare replied 1 year ago.
Then you have no need for concern.If you hold the property as Beneficial Joint Tenants then it will pass to you automatically outside of any WillHowever in any event if your husband is resident in the Uk then he can leave his estate to whosoever he wishesI hope that this is of assistance - please ask if you need further details
Customer: replied 1 year ago.
can you clarify the following: can my husband write an English will if is resident in the UK even if we are married under the Belgium law ( community of goods) and Belgium was our first country of residence after we got married? Which law will rule his inheritance at his death? The Belgium law or the British law? In other words, it is the country where he resides or the country where we got married? I think that under the Belgium law, he cannot choose his benificiaries, his share will be divided between his 4 children. But under the British law, he can choose his benificiaries and could give his share of our property to our children only ( as his first 2 sons already have been given properties).
Customer: replied 1 year ago.
Dear clare, i asked some clarification folowing your answer ( see message before this one). Many thanks to answer me before I can rate your service.
Expert:  Clare replied 1 year ago.
My apologies for the delayIf your husband is Resident and dies here then the Will will be dealt with under UK law - despite the fact that you got married in Belgium.
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