When you didn’t get round to signing that will………!
Wills and Probate specialist Mark Cannon explains some of the issues….
Mr S died unexpectedly. He had married in a nikah ceremony in England, but had not registered the marriage. He and his wife had no children. To her horror, Mrs S learnt that she was not her husband’s next-of-kin, and his brother was now getting the house, the car, and the building society account. What can she do?
First of all, it shows the importance of making a will. If you make a will, you can ensure that your assets go where you want them to go.
Second, it is a good idea to check on the status of your marriage. A nikah marriage can be recognised in the UK, provided it has been registered in the country in which it was performed. However, a nikah marriage performed in the UK is not recognised unless it is registered. So a marriage in Pakistan is fine, but you may have problems if you have the same ceremony in England.
Thirdly, if you find that you are not the legally-recognised spouse, then you will have to fight for your fair share of the estate through the law. Legally, you will be counted as a “partner” of the deceased, and you can make a claim as the partner.
Mrs S is doing just that, and if her claim is successful, the court will award her whatever the judge thinks is reasonable.
Mrs S is having to spend money to achieve this, there are long delays, and some unpleasant family quarrels. It would have been a lot easier if Mr S had made a will in the first place.
To discuss any aspects of wills or probate please contact Mark on Tel: 0800 169 1325.