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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father marry a lady in Mauritius,and he has passed the way, My father is English,

Resolved Question:

Hi,
My father marry a lady in Mauritius,and he has passed the way,
My father is English, and his bank accounts and money are in uk, also left a will, where he is living everything to his kids but not to the wife.
My father married as separation of goods, and he had his money 15 years before he got married to the Mauritius lady. she has a house, and my father spend a lot of his own money on it making another floor, and given more value to the house.
at the moment, the new wife, wants one third of his money, but she dosent say anything about all the value that has my father given to her house. Are we entitle to some of the benefit of the house. and can she ask for the money is in uk banks when is a will in places.
Im looking forwards to hearing from you
Submitted: 11 months ago.
Category: Law
Expert:  Clare replied 11 months ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWhen did your father get married, and when did he make the WillWhich country does his widow live in?
Customer: replied 11 months ago.
Hi, Clare.
My father married, 6 or 7 years ago,
He always had a will, since he got divorce from my mum.
The will was up dated, 3 weeks ago before he pass the way, in Mauritius.
The wife is living in Mauritius.
Nieves
Expert:  Clare replied 11 months ago.
Hi Is there a separate Will for the Uk assets?Clare
Customer: replied 11 months ago.
He was a UK passport holder, born in UK and signed his last Will while in hospital in Mauritius. The Will states his assets 'wheresoever' should go to his 2 children, me and my sister. The wife is native to Mauritius.
The bulk of assets are in UK bank accounts and a lesser sum in a Mauritius bank account, all in his sole name.
Expert:  Clare replied 11 months ago.
OKAre you applying for Probate in the UK?
Customer: replied 11 months ago.
Im going to mauritius to get the death certificate, and the ashes. We havent apply for probate in uk yet.
Expert:  Clare replied 11 months ago.
Why did your father not make any provision for his widow?
Customer: replied 11 months ago.
He left her the pension and expend a lot of money in her house, and before he pass the way he wanted to come to uk and split from her, as she says they only married for body and not property, also he want my father for his money and he new that and he didn't like it, and because they married in separation of goods, what is his is for him, and what is hers only for her, by Mauritius laws when one of them pass the way becomes common goods, if is a common goods all of as we should benefit from it, not just her, also my father didn't want she to have any money from him because, she will give everything to her kids, he always say why shall i give the money to her kids when he has got his own kids and grand kids,
Expert:  Clare replied 11 months ago.
The problem is that the UK does not have a similar system of "separation of assets" - and she will be able to make a claim in the Uk court for financial provision from his EstateObviously you will argue that they married in her native Mauritius and accordingly should be bound by their rules, and that she is securely housed and financially secure - however I am afraid that there is an excellent chance that she will receive something from the estate - although you may be able to reduce it from the 33% requestedYou can read about Inheritance Act Claims herehttp://www.sheddenfamilylaw.co.uk/inheritance-act-fact-sheet.phpPlease ask if you need further detailsClare
Clare, Solicitor
Category: Law
Satisfied Customers: 33528
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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