If my son marries with a German girl in total legal separation of estate and he dies, is she his heiress or he has the option to decide who would be his heirs?
2006-09-11 10:46:18 · 5 answers · asked by Riccardo d 1 in Family & Relationships ➔ Marriage & Divorce
It may depend whether they are going to live in the UK or not. In the UK, when you marry your spouse becomes your next of kin and under intestacy rules, inherits the first £125,000 I think it is of your estate when you die, as well as all of your personal things. Whether your son's German widow would automatically inherit his house depends on whether it's in his sole name, or their joint names, and whether it's held as joint tenants or tenants in common. If they own it together as joint tenants (and forget about the use of the word "tenants" as in this context it does not refer to renting but to types of ownership) then when one dies the other automatically becomes sole owner of the property, and the house does not pass under the Will or form part of the estate. If they own it together as tenants in common, then your son's share would pass under his will, or to her as his widow if he dies intestate.
If your son is planning to marry, he and his wife should both make Wills in any case. It is not that expense, e.g. in comparison with buying a house, and it would have benefits like tax planning etc as well as making sure their property passes as they would wish.
2006-09-11 21:45:02 · answer #1 · answered by Specsy 4 · 0⤊ 0⤋
I think it would be easier if your son made a will, and states who he wants his belongings to go to, then there would be no grey areas. Even if he is married and has made a will he can make sure his wife gets nothing.
I was also recently told while i was in hospital having my son, that my husband was technically my next of kin, i wasn't his? So although i am not sure about this she may not be classed as his next of kin. I would get it checked out though. BUt, i would go with the will route.
2006-09-18 05:31:07 · answer #2 · answered by jaynie 2 · 0⤊ 0⤋
will have to consult a german lawyer. Has he made a will (could be the case that if a will whoever he leaves estate to is heri/s).However if joint property, probably issues.
2006-09-11 10:53:14 · answer #3 · answered by Anonymous · 0⤊ 0⤋
the wife get his stuff if thats what your asking.
2006-09-11 10:49:04 · answer #4 · answered by chevy 5 · 0⤊ 0⤋
ys she does.
2006-09-19 00:02:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋