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Application of the Intestacy Rules: Rights of “Wife” if marriage is invalid

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.

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.

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