My past due husband married every other woman without my facts and left his assets to her. What can I do?
The following question is a part of Groundup's Answers to your questions collection and is derived from a reader inquiring about what normal law says approximately her past due husband's estate.
My past due husband married each other girl without my know-how and left his estate to her. What can I do?
The quick answer
Because you probably did now not comply with the second marriage, it's far void. You can contest the want.
The whole question
I married my husband underneath commonplace regulation in 2010. We have 3 youngsters together. I positioned out that he had married a 2nd spouse under civil regulation without consulting me.
He left everything to her in his will. Is there something that I can do?
The long solution
Under the Recognition of Customary Marriages Act of 1988 (as amended), all not unusual marriages are in a community of belongings till the couple entered into an antenuptial agreement. Community of belongings way that the husband and spouse personal all assets and belongings similarly and all debts. This is referred to as a joint asset.
The best way an everyday marriage can be dissolved is by using a divorce order from a courtroom underneath the Divorce Act 70 of 1979 (as amended). If you and your deceased husband did no longer divorce, you're however married, and the network of assets nevertheless applies.
Your husband should have married a few other spouses under normal law if you had agreed and if the court had agreed at the manner the assets modified into to be divided some of the better halves. However, he couldn't legally marry every other female underneath civil law if he have become already married beneath normal regulation and had no longer divorced his first partner. That way that legally, his marriage to the second spouse is invalid – it does now not exist legally.
In a network of property marriage, while one of the spouses dies, the joint assets are dissolved. This includes the executor of the assets first settling all of the similarly shared money owed between the spouses. If he died without a will, you and your children may inherit the steadiness.
In this situation wherein he has made a will leaving the whole lot to the second partner, you still have a proper to 50% of the property after all the money owed have been settled. His 2d spouse must inherit the alternative 50%, in phrases of being a beneficiary of his will. Even despite the fact that his second marriage has become no longer criminal, he nonetheless had the right to leave 50% of his estate to every other beneficiary.
You might want to contest his will at the grounds of your deceased husband having no proper to move away from all his belongings to a few other beneficiaries whilst he turned into nevertheless legally married to you in the community of assets, and because of this you are entitled to 50% of the joint estate despite the whole lot debts have been settled.
If your general marriage became registered, there ought to be no problem proving that you have been married and consequently entitled to 50% of the joint assets. If it was not registered, it is able to be a hassle to show that your marriage existed if, for instance, the second one wife disputes which you had been married. You might then want to provide evidence that you did marry, like pix of the ceremonies and so on.
You will want a legal professional to help you with this. You can practice to Legal Aid, a manner-examined organisation that want that will help you in case you can not have the funds for an attorney.
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