When their father died, his children were shocked to find that he had secretly remarried a
woman from a foreign country. He did not leave a Will and the wife claims that under the
Intestacy Rules she is entitled to the whole of the house. There has been a whisper that she
was already married to another man and has not been divorced.
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Comment by Specialist Wills & Estate Lawyer Terry Johansson:
Legal advice should be obtained as to whether the “marriage” to the father was valid or if any
previous marriage had not been properly terminated, then this marriage would be invalid and
she would not take everything under the Intestacy Rules as a “wife”. But she may be able to
make a claim instead as a partner so long as she has lived with him for more than two years.
If she has not done that, then she may have a right to challenge the Intestacy Rules claiming it
as unfair that she receives nothing.
00683.6/CQ/MCA/20121581/UK/C/XXX/-/MAC/RM/?