i have a will ,made in england which leaves all to my 2 sons ,how ever i still have a husband who left me 2001 ,i made my will 2002 ,basically does he still have a claim as i am still married to him ,he is from sri lanka ,and still lives here, i have asked 2 solicitors who say no , i have a property in scotland which i brought in 2003 , i believe scottish law is differant ,how ever the solicitors i asked said he does not have a claim if my will was taken out after he left me, i have a affidavid to say and signed he left me march 2001, i am thinking of sellling up in england and buying in scoland as my main home ,my flat was a buy to let not buying it till 2003 after he left me, but now i may live in it ,basically does he have a claim at all , and in hind sign .,do i have a claim from him if he dies and has property in uk or sri lanka, i want to make sure my boys are protected from him ,although i am stil legally married to him ,thank you susannah almeidq
Thank you for your question.Under Scots law he has a claim to a third of your moveable property which is everything except houses and land.This is irrespective of the terms of your will.The best way to solve this is to divorce him. Under Scots law the reverse would also be true in your favour.I hope this helps. Please leave a positive response so that I am credited for my time.
dear sir ,r u saying he could not get any of my property in england or scotland, but u r advising me to divorce him so he can not get any monies or any think else i may have ,which he could get in england or wales and scotland, how could he if i will monies to my family, can he contest this ect,what is movable property? and do u mean i could get some think from him in the uk, what about english law if i stay in engand or wales
Can't advise about English law as I'm a Scottish lawyer. As I said under Scots law even if you have a will he could claim a third of your estate which is moveable. Moveable estate is money, pensions, investments, shares and anything that is not a house or land.I stress, legal rights can be claimed despite the terms of a will. That is why I suggest a divorce.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).