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I have a question to the lawyer. Does the length of the marriage matters when inheritance and Will is involved? My father got married in hospital under the influence of drugs. Prostate cancer stage 4. Was married for 10 days while staying in hospital. Died in hospital. Marriage was conducted in hospital. When we got there he was married. Relatives were not informed. He never shared a house or lived with the lady he had married. They new each other for 6 month during which he was going through chemotherapy. They lived in different countries. He lived in Tanzania ( British citizen) and she lived in Chech Republic. My father left everything to me in the Will. His wife of 10 days is claiming the whole lot. What is legal view of the British law regarding such a short marriage?
Dear Nicola. I can wait a little bit. How long do you suggest I wait for an answer?
In Germany for instance , if you marriage lasts only 10 days and your husband left a valid Will naming somebody else as beneficiary than the will stands and wife of 10 days does not getting anything.
The same I believe in USA.
What is the England and Wales law regarding this situation?
Professional lawyer should know the answer????
How long are you going to search for professional? Another week, two weeks - please give me a clear answer.
If it takes another week ,than you better refund my money
Yes I would like a refund please. Thank you
The Will was done before the marriage. I have asked about the length of the marriage. Is it significant that the marriage lasted 10 days in hospital, that my father died? Couple never shared a house , did not have a bank account and lived in different countries
Common Law is that the Will is revoked by marriage. We all know that.
I would like to know in which circumstances the Will is not revoked? As I have explained before my father and the lady he married lived in different countries. He came to Europe from Tanzania and collapsed , was taken to hospital, where emergency wedding was arranged by the Lady. Relatieves were not informed. We suspect that he was under influence of drugs. We arrived when he was already married. The lady in question is a nurse and hospital was in European Union. If you are out of your depth - please let me know, if you need more information please let me know as well. Are you specializing in family Law?
Thank you for your answer. Sadly the marriage was contracted in Germany. A German Lawyer said that it is very difficult to prove that my father was under influence of drugs. In fact it is easy to prove, but laws are very relaxed in Germany. It looks like a predatory marriage to us, the circumstances surrounded it, the relatives were not invited and the person who orchestrated it was a palliative nurse for a long time. She knew what she was doing. Is it possible to have Court hearing about it in UK? Is it an expensive procedure? My father was British Citizen. Thank you for your help
Do you mean that there are not a single case, where the Will is not revoked by the marriage? Even if the marriage lasts only 10days?
Our English lawyer found at least one case, where it was not revoked.
Statute Law is the Rule. Where is the Rule , there are always exceptions of the rule. If you go to Google and ask when the Will is not revoked by the marriage - there are cases like that. He was Tanzanian citizen as well as the owner of British passport. For the last 17 years he lived in Tanzania. So it was the marriage of Tanzanian Citizen and German Citizen. By Tanzanian Law Will is not revoked by the marriage. I am interested not in General rule, but exceptions of the rule and relevant articles. May be as a High street Solicitor you are not dealing with cases like that often. It is a complicated case. Information that Marriage revokes the Will I can find on Google. It is a general Rule. Could you please suggest good Law firm who specializes in cases like that. Michcon de Raya is out of the question due to high cost and not huge amount of inheritance. Many thanks. Helena
What if testator was not given a chance to make the Will before the marriage?
In fact, what if testator was very Much prevented from making the Will before the marriage? He was on his death bed - scared, in pain, emotional and in Foreign country?
Could those circumstances be taken into consideration? What if Tanzanian or South African citizen marries abroad like in this case?
Statue Law of those countries make it clear that marriage does not revoke the Will. He said several times while in hospital that he wants everything to go to me. It was said in front of the new wife and his sister. So his intention was clear. He died thinking that I will get what he wanted me to get. What is my best option - Court hearing ? Do I have a chance to inherit what my father clearly wanted me to inherit?
Predatory marriages are on the rise