A married woman's will

[trish1234567]

A friend of mine is married to an immigrant who "used" her to get
citizenship in this country but he has not lived with her for the latter
three of their four years of marriage. However, she says she truly
loves him and insists that he loves her and hopes that one day they
will be a proper family. Also, she has stupidly paid dearly for
this rogue's life style and his cars, amounting to thousands.

She will listen to no one and says she will not divorce him.
My problem with her is that she has one teenage daughter and I
worry for her sake that this legally married "husband" can lay
claim to her property in the event of her death even if she wills
her child as her one and only beneficiary. She has already paid
dearly for this marriage, but I fear her losing her house.

[woofgang]

Well my understanding is unless he contests the will, and it is overturned, then your friend can leave what she likes to who she likes and cut him out without a penny. has he provably contributed anything to the upkeep etcet of the house?

[dzug2]

He can contest any will successfully if he shows that he was financially dependent on his wife. Doesn't mean he can claim everything - just 'reasonable provision'

[eddy51]

From what you say, it would seem likedly that he could claim to be finacially dependant on her however unfair that is. Unless she does divorce him it is possible , likedly even,given his behavior so far that he will claim on her will. You can only warn her you can not force her to divorce him.

[woofgang]

mmm If she divorces him and he claims financial dependence she could be in for maintenance :-(

[trish1234567]

Thank you all for your help. I feel there’s got to be a time when
she will see him for what he is. Doesn’t look good though,
does it?