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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33306
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother passed away in 2010 in Cyprus. She had remarried a

Customer Question

Hi,
My mother passed away in 2010 in Cyprus. She had remarried a chap another English man over there. Her spouse died a few years ago. She's had money in an offshore account which is still in the acc. and I was told by the bank that the money would need to go into probate.
We were told by a lawyer in Cyprus that under UK law my mother's children, my brother and I would not be entitled to a share of the money, and that it would go to our stepfathers children instead. Does this sound correct to you given that both my mother and stepfather have died and the it was not a joint acc. My mother left no Will? thanks , Sarah
Submitted: 1 month ago.
Category: Law
Expert:  Clare replied 1 month 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

For clarity - your mother's second husband died before she did is that correct?

Customer: replied 1 month ago.
Hi, sorry it wasn't clear. My mother died in 2010 and her husband, David, died in 2013. We've been told that her villa would Bec split 3 ways (his children 1/3, my brother 1/3 and myself 1/3) under Cyprus law. The offshore money (around 70k) would go to David children even though it was savings for us.Thanks!!
Customer: replied 1 month ago.
Neither left a Will. Thanks
Expert:  Clare replied 1 month ago.

How much money was involved?

Customer: replied 1 month ago.
Villi is 200-250k and money in account 60k. We think it's probably 70 now though.
Expert:  Clare replied 1 month ago.

Sadly what you have been told is true.

Under UK law when your mother died without leaving a Will then the first £125,000 of her cash assets would go to her husband.

Accordingly the monies in the account owned by your mother would pass to her husband on her death - and thus to his children on his death.

I am sorry, please ask if you need further details

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