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Ask Clare Your Own Question
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 father got remarried in iraq but he hasn't included her

Resolved Question:

My father got remarried in iraq but he hasn't included her in the will. he's only been married for 3 months. he recently passed away. Will she still be entitled to his assets.
and does sharia law apply in U.K.
Submitted: 11 months ago.
Category: Family Law
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Did he make the Will before or after the marriage?

Customer: replied 11 months ago.
before the marriage
Expert:  Clare replied 11 months ago.

Is it expressed as being made "in contemplation of marriage to xxxx"

Customer: replied 11 months ago.
not quite sure what you mean
Expert:  Clare replied 11 months ago.

Are those words used anywhere in the Will?

Customer: replied 11 months ago.
he hasnt included her in the will
Customer: replied 11 months ago.
He has only mentioned my brother, sister and I
Expert:  Clare replied 11 months ago.

Are the words

"made in contemplation of marriage"

used anywhere in the Will

Customer: replied 11 months ago.
Customer: replied 11 months ago.
Expert:  Clare replied 11 months ago.

Then I am afraid that the marriage has made that Will invalid and under UK law your father died intestate and the Intestacy rules apply which mean that his wodow receives all his personal possession plus the first £250,000 of his assets plus half of the remainder.

I am sorry to give such bad news but this is the law in the UK

Sharia law doe snot apply in the UK

Please ask if you need further details

Customer: replied 11 months ago.
sorry maybe i should clare things up my mother passed away last year and father passed recently but before he got married to a woman in iraq 3 months away.will she be entiled to his assest
Expert:  Clare replied 11 months ago.

Yes his new wife is his widow and will inherit as set out above

Customer: replied 11 months ago.
Customer: replied 11 months ago.
is there any we can do to change his
Expert:  Clare replied 11 months ago.

You can negotiate with the Widow and see if she will agree to accept less

Clare and other Family Law Specialists are ready to help you

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