Finding marriage date of wedding in Thailand

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  • lincroft1710
    lincroft1710 Posts: 17,646 Forumite
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    Moogles444 wrote: »
    Yeah if I don't contest the will she owns it so I just can't let her take our home. I'm quite shocked how someone who has never spent a penny on something can be so unbelievably greedy and want three houses for herself which means taking one away from a whole family who have always lived there. Also she wants a huge chunk of money on top from us... she's lovely!

    Contesting a will can be extremely expensive. It doesn't matter what anybody remembers someone saying what they wanted to happen to their property when they died, only what is written in a will matters. Your father may have had a change of heart in the intervening period.

    I don't understand why the date of the marriage is important. Your father does not need to be married to the woman to leave all his estate to her
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  • LilElvis
    LilElvis Posts: 5,835 Forumite
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    If your father married this Thai lady and she became pregnant shortly thereafter then there must be a child (your half sibling) who will require a home and financial support for the remainder of their childhood.

    I know it is easy to blame the evil stepmother but it is your father who has created this mess, either by accident or design. He could have signed the house over to you years ago but chose not to and then changed his will so that it is now the property of his wife.

    It sounds like a long shot that the marriage was bigamous, but even if it were has a solicitor confirmed that this would, in turn, nullify the will?

    I hope that you and your family are looking at other options in case your attempts to challenge the will come to nothing.
  • Moogles444
    Moogles444 Posts: 53 Forumite
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    Mojisola wrote: »
    Doesn't his second wife know the date that their divorce was finalised? You should be able to narrow the third marriage down to a very small time frame as you know she was pregnant before that happened.

    She didn't know but we've found that it out now so just seeing if the last marriage was done after the decree absolute
  • Moogles444
    Moogles444 Posts: 53 Forumite
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    Contesting a will can be extremely expensive. It doesn't matter what anybody remembers someone saying what they wanted to happen to their property when they died, only what is written in a will matters. Your father may have had a change of heart in the intervening period.

    I don't understand why the date of the marriage is important. Your father does not need to be married to the woman to leave all his estate to her

    I know, it is very expensive but there is a law called proprietary estoppel - you cannot make a promise to someone, make people change their life or plans on a promise of inheritance and they act on that promise to their detriment and then you last minute change your mind. I need as much evidence of everything possible , every witness statement going back nearly 50 years, a load of death , marriage certificates, a load of receipts, photos of improvements , house deeds , wills .... I need everything I can for this and I've been told that I have a strong case. I only get one shot unless I appeal so I need to prove whether she is actually legally married to my father too. Every single piece of evidence is important and this is one of the final pieces that I need.
    I'm not a solicitor but the solicitor said it could be important .
  • Moogles444
    Moogles444 Posts: 53 Forumite
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    LilElvis wrote: »
    If your father married this Thai lady and she became pregnant shortly thereafter then there must be a child (your half sibling) who will require a home and financial support for the remainder of their childhood.

    I know it is easy to blame the evil stepmother but it is your father who has created this mess, either by accident or design. He could have signed the house over to you years ago but chose not to and then changed his will so that it is now the property of his wife.

    It sounds like a long shot that the marriage was bigamous, but even if it were has a solicitor confirmed that this would, in turn, nullify the will?

    I hope that you and your family are looking at other options in case your attempts to challenge the will come to nothing.

    I do agree that his other child should get something and I think 2 houses and a sum of money is plenty for when she is older from her mum to be honest
  • FBaby
    FBaby Posts: 18,367 Forumite
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    I don't understand why the date of the marriage is important. Your father does not need to be married to the woman to leave all his estate to her
    The question is: Does the will clarifies that he leaves everything to Mrs X (the Thai lady), and only Z, the very few items to his child. Or does it say the latter, but nothing about leaving anything to Mrs X, or leaving the rest to his wife.

    I expect if the will say he is leaving everything to Mrs X, then there isn't much to do about it. If it says that he is leaving everything to his wife....but then it turns out they were not truly legally married, there might be a case. If it says nothing about where his estate goes, then again, I expect by default all, or most would go to his wife... if there is a wife for it to go to.

    The issue though is that he made it clear in his will that he would ONLY leave what is stated to you, so whether his estate goes to his wife or not, does it mean that if not, by default it should go to you? Why did he change his mind in the new will? Playing devil's advocate, it might have nothing to do with her and it might indeed have been his will for you not to get anything. It sounds like you didn't have much contact with him at the end, if indeed, you didn't know much about the deterioration in his condition, so maybe that made him angry. Did you ever meet his new wife, his child? How long ago was the will changed?

    Sorry can't help about getting a copy of the marriage certificate beyond that you have to contact the ministry of foreign affairs there where all marriages are registered.
  • silvercar
    silvercar Posts: 46,962 Ambassador
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    I expect if the will say he is leaving everything to Mrs X, then there isn't much to do about it. If it says that he is leaving everything to his wife....but then it turns out they were not truly legally married, there might be a case. If it says nothing about where his estate goes, then again, I expect by default all, or most would go to his wife... if there is a wife for it to go to.

    Is the onus then on the wife to produce a marriage certificate as proof she was married?
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  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
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    OP I am sorry this has happened you you, and admire you for standing up for what should be yours, I think more people should do this in cases like yours rather just accept that at the will is final. At least you know you will have tried.

    It is clear your father did not cut you out of his will as you were left something, nobody knows what he was thinking but maybe he just 'forgot' to mention about the house you are living in, as in his mind he had already given it too you (although not legally).

    I wish you luck.
  • Mojisola
    Mojisola Posts: 35,557 Forumite
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    silvercar wrote: »
    Is the onus then on the wife to produce a marriage certificate as proof she was married?

    And for any such certificate to be thoroughly checked back in Thailand to confirm that it's real and not just a computer mock-up.
  • 74jax
    74jax Posts: 7,923 Forumite
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    Moogles444 wrote: »
    Apparently it will make a difference according to solicitor

    Does the solicitor work on a fixed fee, or however long the case gets dragged out for. Surely the solicitor is one doing the work.
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