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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My wife served divorce papers on me here in the UK, in July

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My wife served divorce papers on me here in the UK, in July 2015. In February 2016 both my parents died in Cape Town South Africa within 2 weeks of each other, leaving a small inheritance to my sister and I. There is a clause in the will that specifically states our respective spouses have NO claim to any share of the settlement amount, however my spouses lawyer is demanding that I declare the contents of the will in order that it may be considered in the FDR.
Is a will drawn up in South Africa legally binding here in the UK?
Hi, thank you for your question. In relation to the wills, despite your parents stating in their wills that your spouses are to have no claim to the inheritance, this will still need to be disclosed as part of financial relief proceedings in England. As a rule of thumb, inheritance is not an automatic matrimonial asset and will not be initially considered as part of the matrimonial pool when negotiating a settlement. Inheritance is usually only brought in when needs of both parties and the children cannot be met from the matrimonial assets. If you are able to inform me of the length of marriage, whether there are any children (together with ages and arrangements for them to be with both of you), and your respective asset and income positions I will be able to provide further information regarding this. If you have found my information helpful so far please provide a positive rating. This will credit me with assisting you so far and I will continue to help you to ensure you receive all the information you require. Thank you
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
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Customer: replied 2 years ago.
Hi, you answered my question fine, I don't have any more questions at this stage thank you.
Thank you, ***** ***** goes well - if you have any questions in the future you can ask for me directly by starting your question For Harris