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Last Will & Testament (Video Your Will)


DEVATSAR

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YourLast Will & Testament

IS THAT REALLY YOU?”

Picture the scene;you have finally decided to write your Last will &Teatament after much consideration, youemploy the services of a solicitor here in Thailand and maybe the UK. You attend the Lawyers office and completethe written legally binding written will. You decide to leave all your assets or divide them up to family/friendshere in Thailand /UK. The will is written inyour native language and a full Thai translation is also done here in Pattaya /Thailand. You draft the will. The will is signed by you, and witnessed bytwo people.

Remember this is alegally binding written document, no problems you think. The completed written willis kept by you and maybe sent to the UK to give to a trusted solicitor orfriend for safekeeping until your passing. Your Thai lawyer retains one as well

Now for the bad news

Years later unfortunatelyyou pass away in Thailand or you are visiting the UK for a break. Your relatives have a copy of your writtenwill which they would have probably forgotten about but will remember veryquickly where’s theirs money etc to be had. No problems you think. Your exwife or close family read the will and see there is no money for them (or verylittle) they believe were are sittingcomfortably in Thailand with thousands in the bank, one or two houses tuckedaway but you have left it all to your Thai wife (which is not unfeasible!)

The ex wife or whoeverhas a grievance is not happy the contents of the will, “he wouldnever leave me out of his will etc”

SHE/ THEYCONTEST THE WILL AS A FORGERY, OR WAS MADE UNDER DURESS BY THE SCHEMING THAI / UK WIFE, OR WASNT MENTALLY COMPETENT TO MAKE OR SIGN THE WILL,YOU NAME IT THEY CAN ALLEDEGE IT !

What can happen next?,The aggrieved party employs the servicesof a solicitor? She/they come to Thailand/UK to contest the will?

The investigation willbe a long arduous process to get this sorted out, court proceedings, lawyer’sfees etc

Your intended beneficiary will have to wait, maybe for a very long timeto inherit her rightful dues!

Now the really good news!

To stop any of theabove happening make a recorded video will at the same time as your writtenwill.

This will show youverbally telling your friends/family or whoever why you left certainmonies/property/possession to whom and why.

IT WILL ACTUALLY SHOW YOU SIGNING THE WILL,SHOW THE WITNESSES SIGNING; IT WILL SHOW YOUR MENTAL CAPACITY AT THAT PRECISETIME.

Once the video will hasbeen viewed there can be no allegations of any wrongdoing on anybody’s part.

It is indisputable evidence which wouldstand up in any Law Court (not thatthis would ever get to court once the aggrieved party and their lawyer viewsthe recording!)

You will have the opportunity of leaving messages toyour loved ones, family and friends. Itis your legacy for the future you decide the content of the video will, if youwish to tell someone what you think of them now’s your chance, be it good, bad,or indifferent!

You maybe thinking "ive nothing to leave why should i make a will. You may win the lottery, come into some moneym there is a multitude of reasons why you should leave a will, if you dont who gets the money !

RecentInheritance disputes

*When businessman Branislav Kostic left 8m in his will to the ConservativeParty, his son Zoran successfully challenged the bequest. In November, a courtruled that Mr Kostic Snr was not of sound mind when he drafted the twocontested wills in the mid-1980s. His son told the court there was evidence hisfather suffered from paranoid delusions, which led to him believe Mrs Thatcherwould save the world from "satanic monsters and freaks". A judge saidthe estate should be distributed according to an earlier will, written beforeMr Kostic's illness, in which he left everything to his son.

*When the London-based property millionairess Golda Bechal died she left a 10mfortune to her "best friends" Kim Sing Man and his wife, Bee LianMan, who owned her favourite Chinese restaurant the Lian in Witham, Essex.Relatives of Ms Bechal, 88, were so incensed by her decision that they mounteda legal challenge at the High Court. After a lengthy hearing, Judge Sir DonaldRattee QC dismissed the family's claims on Mrs Bechal's estate.

* Thechildren of deceased lawyer Anthony Sherrington lost a court battle with theirstepmother Yvonne over the contents of his 7m will. The children argued thattheir father failed to understand what he was doing when he altered his will toleave his entire fortune to his new wife. While sympathetic to theirpredicament, the appeal court found no evidence to suggest this was fact.

*When businessman Branislav Kostic left 8m in his will to the ConservativeParty, his son Zoran successfully challenged the bequest. In November, a courtruled that Mr Kostic Snr was not of sound mind when he drafted the twocontested wills in the mid-1980s. His son told the court there was evidence hisfather suffered from paranoid delusions, which led to him believe Mrs Thatcherwould save the world from "satanic monsters and freaks". A judge saidthe estate should be distributed according to an earlier will, written beforeMr Kostic's illness, in which he left everything to his son.

Families at war as contestedwill cases soar

Thefamily drawing room used to be the preferred forum for resolving messy disputesover inheritance. But more and more jealous children and cheated wives aretaking acrimonious wrangles to court.

Whilethe most common grievance is that such wills are "unfair", there hasalso been a surge in documents being contested because ofalleged mistakes, or the fact that the person making the will was incapacitatedor put under undue pressure.

DO NOT ALLOW THESE PROBLEMS HAPPEN TO YOU

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I'm in the fortunate position depending on how you look at it, that I do not not need to make a will, any wealth I have now is in Thailand and my wife get it's all, along with a bereavement allowance and bereavement payment, half my private pension payment and government pension when she 66.:)

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Dear Kwasaki

Just a quick couple of qestions

Have you ANY living relatives in your home country?

God forbid anything happens to your wife prior to your passing what happens then to your estate ?

Kindest Regatds

Devatsar

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It is important to note, something the OP failed to mention is that a video will is not legally binding in Thailand-- as the only valid will in Thailand is the one that has been signed by two witnesses. A judge may or may not take it into consideration but it has no legally binding authority.

And you'd better check with your own home country laws as to the validity of one before relying on it.

This is not an advertisement here, please do remember but rather a discussion of wills, the need for one, what is legal and how to get your wishes enforced.

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It is important to note, something the OP failed to mention is that a video will is not legally binding in Thailand-- as the only valid will in Thailand is the one that has been signed by two witnesses. A judge may or may not take it into consideration but it has no legally binding authority.

And you'd better check with your own home country laws as to the validity of one before relying on it.

This is not an advertisement here, please do remember but rather a discussion of wills, the need for one, what is legal and how to get your wishes enforced.

I did confirn in another post as requsted that the WRITTEN WILL is the ONLY legal document, You CANNOT just make a video will as pointed out in the post which for some reason has been deleted. The video will is evidece SUPPLEMENTARY to the writeen will. I hope this clarifies he point clearly.

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Dear Kwasaki

Just a quick couple of qestions

Have you ANY living relatives in your home country?

God forbid anything happens to your wife prior to your passing what happens then to your estate ?

Kindest Regatds

Devatsar

I understand your concern for others and any advice is good and sometimes useful to some people for sure.

Mine is a long story so I will try to be brief on my situation.

Yes I have four grown up children with granddaughters and grandsons in England.

They are all welcome here to stay or holiday when ever they wish, whether I've snuffed it or my Thai Mrs.

I have no estates in England it has been given to my sons and daughters.

The estates as you refer to here in Thailand, are, because of marriage, a 50 - 50 affair so I can remain in the estate should any unforeseeable event happen, my Thai step son and adopted Thai daughter will become owners of my wifes 50%.

I have been as thorough as I can be, in retiring and settling in Thailand and also in making arrangements in case of any untoward unwanted situation that hopefully will not happen but I am one of the last boy scouts so to speak.:D

That said I have done my best in the event of me passing on, if anyone left wants to make trouble or try and mess about it will be up to them to sort it.

With Kindest Regards K.

Edited by Kwasaki
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Why do you care? You're dead already. lol

Very true,

I suppose some people dont care about the greif there gonna leave there loved to sort out once there gone.

Please dont leave a will give most of your assest (if you have any) to the goverment mmmmmmmmm? I dont think so, but hey its up to the iindividial decesead to make that decision.

Cheers

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It is important to note, something the OP failed to mention is that a video will is not legally binding in Thailand-- as the only valid will in Thailand is the one that has been signed by two witnesses. A judge may or may not take it into consideration but it has no legally binding authority.

And you'd better check with your own home country laws as to the validity of one before relying on it.

This is not an advertisement here, please do remember but rather a discussion of wills, the need for one, what is legal and how to get your wishes enforced.

I did confirn in another post as requsted that the WRITTEN WILL is the ONLY legal document, You CANNOT just make a video will as pointed out in the post which for some reason has been deleted. The video will is evidece SUPPLEMENTARY to the writeen will. I hope this clarifies he point clearly.

What we have received are at least 3 posts from you with nothing but quotes (no text). These have been removed.

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If you don't leave a will, Thai laws share everything in Thailand between your wife and family - in the UK and Thailand (I gather). It doesn't go to the government!

So if you don't want your UK children to get anything, time to make a will! Must say though, I'm not sure why you are so determined to ensure that your UK kids get nothing of your assets.

Edited by F1fanatic
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I don't know why they would contest you weren't of sound mind.

I 'think' the UK is very similar to oz in that ANY ex wife, children etc of yours can claim on a Will even if you leave them nothing. They don't have to show you are insane or anything like that, they only have to show they deserve to be given a percentage of the inheritance. For the ex wife that will be because she was a loving wife at the time and you shared everthing. For kids it could be because they were dependant on you for a number of years.

Basically the only good thing a Will does is to make it faster to ensure the money goes out faster, if not contested, and it stops the state getting their hands on it. Any ex wives, children, de facto, mistress, etc may all claim for dependency. Your refusing to give money to a child because he/she is a drugged up theif won't carry any weight.

Those of you that have experiece of this in the UK would know more though.

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I don't know why they would contest you weren't of sound mind.

I 'think' the UK is very similar to oz in that ANY ex wife, children etc of yours can claim on a Will even if you leave them nothing. They don't have to show you are insane or anything like that, they only have to show they deserve to be given a percentage of the inheritance. For the ex wife that will be because she was a loving wife at the time and you shared everthing. For kids it could be because they were dependant on you for a number of years.

Basically the only good thing a Will does is to make it faster to ensure the money goes out faster, if not contested, and it stops the state getting their hands on it. Any ex wives, children, de facto, mistress, etc may all claim for dependency. Your refusing to give money to a child because he/she is a drugged up theif won't carry any weight.

Those of you that have experiece of this in the UK would know more though.

But, we're talking about what happens in Thailand, not the UK.

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I don't know why they would contest you weren't of sound mind.

I 'think' the UK is very similar to oz in that ANY ex wife, children etc of yours can claim on a Will even if you leave them nothing. They don't have to show you are insane or anything like that, they only have to show they deserve to be given a percentage of the inheritance. For the ex wife that will be because she was a loving wife at the time and you shared everthing. For kids it could be because they were dependant on you for a number of years.

Basically the only good thing a Will does is to make it faster to ensure the money goes out faster, if not contested, and it stops the state getting their hands on it. Any ex wives, children, de facto, mistress, etc may all claim for dependency. Your refusing to give money to a child because he/she is a drugged up theif won't carry any weight.

Those of you that have experiece of this in the UK would know more though.

But, we're talking about what happens in Thailand, not the UK.

The OP is talking about the UK and Thailand. If he has ex wife and children in the UK I'm sure they can contest his Thai will in the UK. Well pretty sure. Would be nice if someone with knowledge of what would happen could comment.

Edited by Wallaby
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If your ex wife/anybody contest the will because SHE/they belives you were not "competent" to sign the will of was mad t(o be crude) there will be problems, she can state ANYTHING to hold up the estate going to the rightfull beneficiary, it can take a long time trust me, my brother god rest his sole has this problem as his ex ,she said he didnt sign the will (forgery) and he was not compteten to understand the contents even if the will was his signature

He left all his assets to his new wife of 2 years , made a written will lodged with our solicitor.

This is why I have done a video will, ITS not a substitute for a written will, Ihave lodged it with my UK lawuer laving ALL my assets etc to my son. (nothing to my ex wife and reasons are on cd she can view if she so wishes there are some "home truths on it"

BUT if his ex wife and money grabbing Lawyer had viewed my brother on camera it would NEVER had come to the problem its has now)

Its been 5 months now and its a nighmare still under investigation

Thats why i feel so passionate about this, sorry for keeping on about but it really has caused BIG problems in the family.

Sorry for harping on !

Cheers

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Is the ex, assets in the UK? If so then I believe she could lay claim to part of the assets anyway, whether they decide he was insane or not wouldn't matter. She just has to prove a dependency. Though I'm far from an expert on Wills.

I have just had a chat with some unknown on thai law online to ask about a Thai Will.

I was informed that in Thailand what you say in the Will is pretty much it. If you don't include someone then they can't lay claim (unless of course claimed forgery, insanity as you say). One doesn't have to actually name who is to be excluded. You can just say I leave everything to my wife..... and that is basically it.

I wouldn't take that as the gospel truth but something to chew over anyway.

I wish it was that simple in oz.

Good luck, I hope it all works out as your brother had wanted.

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Cheers Wallaby

I hope it works out as well, its costing HER a fortune to fight, so far over £3000.00 she even employed a handwriting expert to say it wasnt his signature !. She will pay through the nose, but what goes around comes around. I HOPE she ends owing a fortune when the case is finally closed and a decision is made. (in the real the benifiries favour his new wife,( my sister in law.)

Many thanks

Paul

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My UK husband died recently without leaving a will.

As far as I could make out Thai law applies to assets in Thailand, whilst UK law applies to assets in the UK

Edit - It depends on how long your sister-in-law had been married to her ex as to whether I feel any sympathy for her. If they'd been married for donkey's years and he left her recently for a new g/f, I've no sympathy for the new wife of two years.

However, if the ex and your brother only been married for a short time, it is obviously different.

Edited by F1fanatic
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They were married for 14 years and she was having an affair for last three years of there marriage,

He left home (quite rightlly!!) moved into B&B for 6 months THEN met his new wife

You could argue of why did she have affair, reason baffles all the family but it happens.

WHY CONTEST THE WILL AS A FORGERY IS THE QUSTION I WOULD ASK

Greed is the answer i reckon, sorry i know!!

Regards

paul

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What I do not get is an ex-wife contesting an ex-husbands ' Will ' she could only do that if he had mentioned her in it.

By saying 'ex ' I take it they are divorced and in receipt of a ' Final Decree Absolute ', so in UK divorce law she could not contest it.

I don't know the divorce laws of other countries.

Edited by Kwasaki
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What I do not get is an ex-wife contesting an ex-husbands ' Will ' she could only do that if he had mentioned her in it.

By saying 'ex ' I take it they are divorced and in receipt of a ' Final Decree Absolute ', so in UK divorce law she could not contest it.

I don't know the divorce laws of other countries.

Dear Kwaski,

She alledging the will is a Forgery which is a criminal offence she has two dauhthers who are NOT in the will she is wanted THEM to have the assets. and she found out he passed away from friends in the UK and the will was mentioned by them, The dauhghtres knew where there stepdad lived out hereand are obviusly pissed off.

I am sure ANYONE can contest a will whether are included or not IF THEY SAY IT IS A FORGERY,

Cheers

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What I do not get is an ex-wife contesting an ex-husbands ' Will ' she could only do that if he had mentioned her in it.

By saying 'ex ' I take it they are divorced and in receipt of a ' Final Decree Absolute ', so in UK divorce law she could not contest it.

I don't know the divorce laws of other countries.

Dear Kwaski,

She alledging the will is a Forgery which is a criminal offence she has two dauhthers who are NOT in the will she is wanted THEM to have the assets. and she found out he passed away from friends in the UK and the will was mentioned by them, The dauhghtres knew where there stepdad lived out hereand are obviusly pissed off.

I am sure ANYONE can contest a will whether are included or not IF THEY SAY IT IS A FORGERY,

Cheers

I do not think she has a case, she can allege what ever she wishes and her solicitor will only be to glad to go on carrying out her bitter revenge instructions.

Unless she can come up with any proof, from what you say, I doubt it and she hasn't a leg to stand on, her solicitor is taking her for her ride.

Even the handwriting expert to say it wasn't his signature is shaky grounds, the proof is signatures change with age my has, they are just clutching at straws.

I speak from my own position after being divorced twice my two ex-wives and my children from both once over the age of 16 years can have no claim on you what so ever, if they wanted try and do anything it will be thrown out of court, if it even got that far.

As I have said your brothers final decree absolute is final.

The only address I can see is for your sister in-law to put in a counter suit for slander and causing distress etc etc.

I take it your brothers wife is Thai so don't forget to get her entitlements for her from the UK the form required is a BB1, she will be entitled to a £2000 pay out and a 52 week paid allowance depending on her age, again depending on her age she may also be enable to receive a pension when she reaches pensionable age.

Hope every thing goes well and sorry for you and your sister in-laws loss. Regards K.

Edited by Kwasaki
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]Dear Kawaski,

Been on the phone to UK solicitor whom is an expert in Will Law,

He sent me the following info which is NOT GOOD news and probably why her lawyer thinks she has a case !

Have a read, very interesting, but yes she YOU CAN CONSTEST THE WILL !! No if or buts ! she has not remmaired and still contiuing with her claim.

BLOODY FRIGHTENING TO TELL YOU THE TRUTH

What happens if I leave someone out of my Will?

"If you have not properly provided for any of your dependants who are unable tomaintain themselves, or if you have not been fair to your wife, husband orcivil partner (or even an ex-wife or ex-husband who has not remarried), theCourt can alter your Will. Your reasons for not having provided for someoneshould be given in your Will or in a separate letter, which can be referred toin your Will. The Court will consider these reasons but they will not bindthem. For Scotland, children and spouses have prior rights and legal rights"<br style="mso-special-character: line-break;"><br style="mso-special-character: line-break;">

Edited by sbk
obscenity removed- formatting removed
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Dear Kawaski,

Been on the phone to UK solicitor whom is an expert in Will Law,

He sent me the following info which is not good news and probably why her lawyer thinks she has a case !

Have a read, very interesting, but yes she you can contest the Will !! No if or buts ! she has not remmaired and still contiuing with her claim. Bitch.

Bloody frightening to tell you the truth.

What happens if I leave someone out of my Will?

"If you have not properly provided for any of your dependants who are unable to maintain themselves, or if you have not been fair to your wife, husband or civil partner (or even an ex-wife or ex-husband who has not remarried), the Court can alter your Will. Your reasons for not having provided for someone should be given in your Will or in a separate letter, which can be referred to in your Will. The Court will consider these reasons but they will not bind them. For Scotland, children and spouses have prior rights and legal rights"

OK looks like we are getting somewhere, you have opened another can of worms, first of all don't reply in big and capitol letters your upset the Mods.:)

You are now mentioning Scotland. ? Scotland has different laws.

Sorry ! questions :-

1. Was your brother Scotish.

2. Was your brother married in Scotland.

3. Are any of your brothers spouses under 16 year old.

4. Where did your brother get divorced.

5. Can you get in touch with the solicitor that handled your brothers divorce.

6. Is the UK solicitor you phoned dealing with your sister in-laws case.

Look forward to your reply.

Understand my solicitor in England who dealt with my divorce shut all the doors to me that so called expert in will law mentioned.

Regards K.

Edited by Kwasaki
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Dear Kwasasi

Thanks for bothering to help

:)

He wasnt scottish, lived and was divoced in Lonon, I wont get (cant get involved because of very complicated family issues which i wont go into here). the children are above 16. Not one of them has a job, nor his ex wife

The information I recieved not from anyone connected with this case

I cannot contact either lawyer in the case because of the above

It was an indepent lawyer in london who is regarded as the leading expert in these type of cases.

Cheers (sorry about the capitals i forget all the time ! )

Edited by sbk
formatting removed
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Dear Kwasasi

Thanks for bothering to help

:)

He wasnt scottish, lived and was divoced in Lonon, I wont get (cant get involved because of very complicated family issues which i wont go into here). the children are above 16. Not one of them has a job, nor his ex wife

The information I recieved was not from anyone connected with this case

I cannot contact either lawyer in the case because of the above

It was an indepent lawyer in london who is regarded as the leading expert in these type of cases.

Cheers (sorry about the capitals i forget all the time ! )

This is a very interesting thread!

Could you tell us how long he was married to your sister-in-law?

Also was the marrage legal? By that I mean was the marrage legaly registered?

Good luck to you

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]Dear Kwasasi

Thanks for bothering to help

:)

He wasnt scottish, lived and was divoced in Lonon, I wont get (cant get involved because of very complicated family issues which i wont go into here). the children are above 16. Not one of them has a job, nor his ex wife

The information I recieved was not from anyone connected with this case

I cannot contact either lawyer in the case because of the above

It was an indepent lawyer in london who is regarded as the leading expert in these type of cases.

Cheers (sorry about the capitals i forget all the time ! )

This is a very interesting thread!

Could you tell us how long he was married to your sister-in-law?

Also was the marrage legal? By that I mean was the marrage legaly registered?

Good luck to you

He was Legally married in a English Church about 17 years ago?

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Dear Kwasasi

Thanks for bothering to help

He wasnt scottish, lived and was divoced in Lonon, I wont get (cant get involved because of very complicated family issues which i wont go into here). the children are above 16. Not one of them has a job, nor his ex wife

The information I recieved was not from anyone connected with this case

I cannot contact either lawyer in the case because of the above

It was an indepent lawyer in london who is regarded as the leading expert in these type of cases.

Cheers (sorry about the capitals i forget all the time ! )

This is a very interesting thread!

Could you tell us how long he was married to your sister-in-law?

Also was the marrage legal? By that I mean was the marrage legaly registered?

Good luck to you

He was Legally married in a English Church about 17 years ago?

Only to pleased to help, Thai widows get a bloody raw deal sometimes if no one is prepared to help them and they lose out because of not having the know how or not knowing there rights.

When someone makes trouble like your brothers ex-wife, a solicitor will be only to pleased to carry out there instruction, without a counter reply from another solicitor acting on behalf of your brothers widow, it will delay things for a long time.

If it ever got to court, the court would want to hear from anyone oposing the charge, so it's important that your brothers widow gets someone to represent her so the correct ruling can be made.

OK so where does the Scotland come into it.?

If your brothers ex-wife is using a Scottish solicitor using Scottish law to make the charge it will not hold up if he was divorced in England.

If he was divorced in London then, if the solictor he used did his job properly his ex-wife and spouses will have no claim, job or no job.

Complicated family issues or not, this does not stop you helping your brothers Thai widow.

There is no reason why you cannot instruct a Solictor to act on her behalf, whatever the circumstances, unless it is you that does not wish to get involved in helping your Thai sister in-law.

As ' Livinginexile ' has correctly pointed out and could be of importants has your brothers widow have in her pocession a Legal marriage certificate.

Married 17 years to who. ?

Edited by Kwasaki
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Dear Kwasasi

Thanks for bothering to help

He wasnt scottish, lived and was divoced in Lonon, I wont get (cant get involved because of very complicated family issues which i wont go into here). the children are above 16. Not one of them has a job, nor his ex wife

The information I recieved was not from anyone connected with this case

I cannot contact either lawyer in the case because of the above

It was an indepent lawyer in london who is regarded as the leading expert in these type of cases.

Cheers (sorry about the capitals i forget all the time ! )

This is a very interesting thread!

Could you tell us how long he was married to your sister-in-law?

Also was the marrage legal? By that I mean was the marrage legaly registered?

Good luck to you

He was Legally married in a English Church about 17 years ago?

Only to pleased to help, Thai widows get a bloody raw deal sometimes if no one is prepared to help them and they lose out because of not having the know how or not knowing there rights.

When someone makes trouble like your brothers ex-wife, a solicitor will be only to pleased to carry out there instruction, without a counter reply from another solicitor acting on behalf of your brothers widow, it will delay things for a long time.

If it ever got to court, the court would want to hear from anyone oposing the charge, so it's important that your brothers widow gets someone to represent her so the correct ruling can be made.

OK so where does the Scotland come into it.?

If your brothers ex-wife is using a Scottish solicitor using Scottish law to make the charge it will not hold up if he was divorced in England.

If he was divorced in London then, if the solictor he used did his job properly his ex-wife and spouses will have no claim, job or no job.

Complicated family issues or not, this does not stop you helping your brothers Thai widow.

There is no reason why you cannot instruct a Solictor to act on her behalf, whatever the circumstances, unless it is you that does not wish to get involved in helping your Thai sister in-law.

As ' Livinginexile ' has correctly pointed out and could be of importants has your brothers widow have in her pocession a Legal marriage certificate.

Married 17 years to who. ?

He was married 17 years to his ex-pat wife and 2 years with his current wife.

I could be wrong, but suspect that his current wife has contributed nothing towards 'the assets' but is looking forward to 'payday'.

It seems unlikely though that the ex-wife is entitled to anything, although ALL the (underage) children will have some claim on his estate along with his current wife. This will apply both in the UK and Thailand.

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I don't know why they would contest you weren't of sound mind.

I 'think' the UK is very similar to oz in that ANY ex wife, children etc of yours can claim on a Will even if you leave them nothing. They don't have to show you are insane or anything like that, they only have to show they deserve to be given a percentage of the inheritance. For the ex wife that will be because she was a loving wife at the time and you shared everthing. For kids it could be because they were dependant on you for a number of years.

Basically the only good thing a Will does is to make it faster to ensure the money goes out faster, if not contested, and it stops the state getting their hands on it. Any ex wives, children, de facto, mistress, etc may all claim for dependency. Your refusing to give money to a child because he/she is a drugged up theif won't carry any weight.

Those of you that have experiece of this in the UK would know more though.

Your proposition caught my eye because my ex wife (who was my wife when she died but we had been separated for 10 years) left all her not insubstantial estate to Battersea Dogs Home :rolleyes:. Much of the money had been wrestled out of my grip during a lengthy separation agreement after we split. Having given up half our joint wealth to her, nothing comes back to me on her death. It would be nice to think I could contest the will. I did not try - I was happy enough to be released form a requirement to support her to the tune of £36,000 per annum! But It would have been even nicer to think that we could have got something for her full-time carer in the last 2 years of her life; he had been totally ignored. But the answer came back from a family lawyer I consulted - 'tough mate', the will is legal and fairness is not by itself a criteria for challenge

So, I didn't think your assertion was correct in the case of the UK. I have just googled and found that there are a number of ambulance chasing UK lawyers out there encouraging you to contest unfair wills. However, the following reasons for contest seem to be typical - ie I can find no evidence to sugest that you can claim something from an ex-spouse simply because you think you deserve it. We could expect ambulance chasers to major on this big time if your proposition held water.

Not trying to put you down sport - just don't want anyone getting too over-enthusiastic too quickly

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Extract from a UK contested will ambulance-chaser (no win no fee) lawyer firm's marketing plug on the web

Reasons for contesting a will

Common reasons for a will dispute include:

  1. The will does not reflect the wishes of the deceased because it was drafted negligently or contrary to the instructions of the deceased.
  2. The will was signed under undue influence, for example the deceased was pressured into signing the will.
  3. The deceased lacked the necessary mental capacity to sign or to give instructions for a will, e.g. the person was suffering from dementia or a similar mental illness when the will was made
  4. The will has been drafted and signed incorrectly, which is often a problem with homemade wills

Even if a will is valid, you may be able to claim against the solicitor or other professional if they drafted the will negligently.

Edited by SantiSuk
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