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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year ago.
before the marriage
Expert:  Clare replied 1 year ago.

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

Customer: replied 1 year ago.
not quite sure what you mean
Expert:  Clare replied 1 year ago.

Are those words used anywhere in the Will?

Customer: replied 1 year ago.
he hasnt included her in the will
Customer: replied 1 year ago.
He has only mentioned my brother, sister and I
Expert:  Clare replied 1 year ago.

Are the words

"made in contemplation of marriage"

used anywhere in the Will

Customer: replied 1 year ago.
no
Customer: replied 1 year ago.
Expert:  Clare replied 1 year 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 1 year 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 1 year ago.

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

Customer: replied 1 year ago.
ok
Customer: replied 1 year ago.
is there any we can do to change his
Expert:  Clare replied 1 year 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