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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My mother and father divorced. My father has remarried and

Customer Question

My mother and father divorced. My father has remarried and lives in England. He has made a will leaving everything to his new wife and his new wife has made a will leaving everything to him. He says that his new wife (whom myself and my 2 brothers do not get on with) will leave everything to myself and my 2 brothers as his new wife has no children. This is just what he has told us verbally, I have not seen the Will.

I think that if he dies first then it is unlikely that any of the 3 of us will see anything.

In Scotland (my 2 brothers live there and I live in London) there is a provision for X% of the moveable estate to be shared between the children even if he dies first and has left everything to his new wife. Is there any such provision in England or is there any way I and my 2 brothrs can share in his estate if he dies first and his will states all to his new wife?
Submitted: 3 years ago.
Category: Law
Expert:  Kasare replied 3 years ago.
Hi thank you for your query, I will assist you with this.

In order to answer you fully, I need to ask a few more questions to ensure my answer is correct for your circumstances.

Can you please confirm where your father was born? If Scotland, did he live there permanently until recently? How long has he lived in England? Does he have any assets in Scotland?

I may have more questions, depending on your answers, but this will help to make a start.

Thanks

Customer: replied 3 years ago.

Father born in England. His new wife was born in Malta.


My mum was born in N Ireland as was I, one brother in England and one in Scotland.


Father was in Navy so we travelled extensively in UK in numerous locations but family home became Dalgety Bay in Scotland. It was during his time living there that the divorce took place. Do you need length of residence/dates in each and every location? Does it make any diference?


I doubt he will have any assets in Scotland, though I'm not sure where his pensions come from ie Royal Navy and I think Racal. He had a flat there but sold it when his stepmum died and he inherited a third share of the house sharing it with his sister and my mum. He bought both of these parties out and now owns house jointly as far as I know with his new wife.If important I can check with my mum.

Expert:  Kasare replied 3 years ago.
Hi Angela

Thank you for the additional information.

It sounds as if your father and his wife have created mirror wills and these determine how the estate would be shared in certain circumstances, i.e. if one dies before the other.

Unfortunately, given the information provided, it is highly likely that your father's domicile would be England. Therefore the English rules of inheritance would apply, rather than the Scottish system.

As you may know the English system provides that a person has the freedom to decide who to leave his assets to upon his death and include this in a will (it is only if your father died intestate would you by law be entitled to a share of his estate). There is no obligation on a testator to leave anything to either a spouse or children or indeed any other person, family or not.

Therefore, the only way in which you could inherit from your father, if not in your fathers will (or alternatively if his wife amended her will or the will did not gift your fathers assets to you in any event in the mirror wills) would be to challenge his/her will, but this would be costly and difficult.

Unfortunately, at this stage it is difficult to provide precise advice as to what to do in the future as both your father and his wife are very much alive and the order in which they die in the future may affect the position, i.e. if your fathers wife dies first, then there is likely to be no issue.

I hope this assists you, but if you require further advice or information regarding this, please do ask.

Thanks
Expert:  Kasare replied 3 years ago.
Hi Angela

I hope my answer helped. If you do need anything further explained, please let me know.

If not, I would be grateful if you would please rate my answer.

Many thanks

Kasare

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