Do I have inheritance rights if I married abroad? The Inheritance Act and foreign marriages.
Even if you marry abroad, you may still have inheritance rights against your husband or wife’s estate in England and Wales.
However, whether a marriage that took place overseas is recognised in England and Wales will depend on the circumstances. The position can become particularly complicated where the deceased entered into more than one marriage or maintained relationships with two families.
Our specialist Inheritance Act solicitors can advise on claims involving foreign marriages, second families and disputes over the status or financial provision of a surviving spouse.
A recent case in which we successfully represented a widow who married overseas provides a particularly striking example.
How we succeeded in a foreign marriage Inheritance Act claim
Slee Blackwell partner Chris Holten represented an elderly widow who had been married to her husband for approximately 65 years but was left nothing in his Will.
Our client, MB, married her husband, MQ, in Pakistan in 1955. The couple subsequently moved to the UK in the 1960s, had eight children together and remained legally married until MQ’s death in 2020.
The family history was unusual. In 1975, MQ entered into a second Islamic marriage and subsequently maintained relationships with both families.
When he died, his Will left his entire estate to his second family and made no provision whatsoever for MB.
On our advice, MB brought proceedings under the Inheritance (Provision for Family and Dependants) Act 1975, arguing that the Will failed to make reasonable financial provision for her as the deceased’s surviving spouse.
The estate was valued at approximately £350,000 at probate, with the principal asset being a property occupied by the defendants.
Following a three-day trial, the court awarded our client 50% of the net value of the estate. The defendants were also ordered to pay her legal costs, with the majority of those costs to be assessed on the indemnity basis.
The case illustrates some of the difficult questions that can arise when an inheritance dispute involves an overseas marriage, a second family and competing claims on an estate.
Can a wife claim if her husband leaves her nothing in his Will?
Someone can make a Will which does not leave their estate to their husband or wife. However, that does not necessarily prevent the surviving spouse from bringing a claim.
Under the Inheritance Act 1975, the court can consider whether ‘reasonable financial provision’ has been made for an eligible claimant.
In MB’s case, the defendants opposed her claim on a number of grounds. They argued that:
- her financial needs were already being met;
- MQ had provided for MB and her children during his lifetime;
- making an award could require the sale of the property occupied by the defendants; and
- MB and MQ had become estranged.
The existence of these arguments did not prevent MB from succeeding with her claim.
Is a polygamous marriage legal in the UK?
The legal position can be complicated, particularly where one or more marriages took place overseas.
Whether an overseas marriage is recognised in England and Wales, and the consequences where someone has entered into more than one marriage, can depend upon the particular circumstances in which the marriages took place.
Those questions can be especially important following a death because a person’s legal status as a spouse, former spouse, partner or dependant can affect the inheritance claims that may be available to them.
Specialist legal advice from expert inheritance solicitors should therefore be obtained where an estate involves overseas or potentially polygamous marriages.
Can I make an inheritance claim if my husband had another wife?
The existence of another wife, partner or family does not necessarily prevent you from making a claim against the estate.
It can, however, make the position considerably more complicated, particularly where several people have competing financial needs and the estate is insufficient to meet them all.
That was a significant feature of MB’s case. MQ had maintained relationships with two families, and his Will left his estate to his second family. The court therefore had to consider MB’s position against the background of those competing interests.
Can I claim against my husband’s estate if we were separated?
Yes. Separation does not necessarily prevent a surviving spouse from bringing a claim against an estate.
The circumstances of the marriage and the nature of the relationship before the deceased’s death may, however, be highly relevant.
This became an important issue in MB’s case. A central question at trial was whether MB and MQ had maintained a meaningful relationship after they began living separately.
The court was persuaded by the evidence concerning their continuing relationship. This illustrates the importance of obtaining and presenting appropriate evidence where other beneficiaries dispute the nature of a claimant’s relationship with the deceased.
How much can a spouse claim under the Inheritance Act 1975?
There is no limit on a claim or an automatic percentage of the estate that a spouse will receive following a successful Inheritance Act claim. The outcome depends upon the particular circumstances of the case.
In MB’s claim, the court applied what are sometimes described as “deemed divorce” principles when considering the appropriate financial provision.
The judge concluded that equality of division was the appropriate starting point and awarded MB 50% of the net value of the estate.
In reaching its decision, the court took account of matters including|:
- the enduring nature of MB’s relationship with MQ;
- her future financial needs; and
- her contribution to the welfare of the family over many decades.
The 50% award in MB’s case should not be taken to mean that a surviving spouse will ordinarily receive half of an estate. Every Inheritance Act claim depends upon its own facts.
Who pays the legal costs of an Inheritance Act claim?
The question of legal costs is separate from deciding the substantive inheritance claim and will depend upon the circumstances and the orders made by the court.
The outcome in MB’s case was particularly significant because, in addition to awarding her 50% of the net estate, the court ordered the defendants to pay her costs, with the majority of those costs to be assessed on the indemnity basis. This was largely due to the way the defendant conducted his case.
Can I challenge a Will if I have been left without an inheritance?
Being left out of a Will does not necessarily mean that you have no claim against the estate.
Importantly, an Inheritance Act claim does not necessarily involve challenging the validity of the Will itself. Instead, the issue is whether the Will, (or the intestacy rules where there is no Will), has resulted in reasonable financial provision being made for an eligible claimant.
That distinction is important. If you have been left without an inheritance by your husband, wife or another close family member, you should obtain advice about the type of inheritance claim that may be available rather than assuming that a valid Will brings the matter to an end.
Inheritance Act solicitors for foreign marriages and complex family claims
Inheritance disputes involving foreign marriages, second families, separation and competing spouses can raise difficult questions about marital status, family relationships and financial provision.
Our successful claim for MB illustrates the importance of obtaining specialist legal advice. Despite having received nothing under her husband’s Will after a marriage lasting approximately 65 years, sour client ultimately secured an award equivalent to 50% of the net estate, together with a substantial costs order in her favour.
If your husband, wife or partner has died without making reasonable financial provision for you, our Inheritance Act solicitors can advise you about your legal position and whether you may be able to make a claim against the estate.
