Testament vs. marriage contract





07.10.2010 21:45
Either for her or for him it was not the first experience of matrimony. Adults who have decided to unite their lives are not under the influence of youthful impulse, but because it is finally on the slope of days have found a real couple.

And before that? And so, and the other was quite ex-wife and real children. True, at the time of their marriage, are grown and independent. She had even a couple of grandchildren, but family relationships did not mean that my grandmother will dedicate babies life. It is not dedicated, even though she loved them and tried to spend time with them.

It was not a poor orphan: there was a large flat, farmed out to offspring and their offspring. But compared to his achievements is, of course, was not so hot. He not only ensured their children`s living area, but he himself lived in what most would call a chorus.

A huge apartment in downtown Moscow, which settled the "young" wife, the fabulous cost of money and was bought them specially for the wedding. After all, both newlyweds - people are adults, with their habits and needs, and if possible, why not minimize the risk of future conflicts, just bought a flat, which optionally can never meet. Well, of course, they dreamed not of such a life, but also should consider the possibility of solitude.

In addition to this huge apartment he had a business, a country house, yet the property. In general, even by the most strict account he was not poor.

The former wife of a young spouse negatively reacted to his idea of a new family and explained his attitude is simple and extremely accessible: "Do you, dear, will have another heir. And if you do not zastrahueshsya, then with many of his hangers-on. I am afraid that as a result of the rights of your own children will be greatly uzhaty.

New wife agreed with the cavity of the former and proposed to her husband or write a will or marriage contract, which clearly discuss property issues. She herself was on what not claimed and would be only too happy to insure her husband`s offspring.

The contract was structured. According to him all the property of her husband was in full possession of it, and in case of divorce, each spouse should have remained so, with which to marry. The only thing he shared with his wife - that`s the new apartment. The rights to it were fixed for both spouses. But in case of divorce, and from the property`s wife gave a commitment to abandon.

Of course, none of which divorce the couple did not think. Just two were old and experienced. The experience meant, first, a willingness to unexpected turns of fate, and secondly, the willingness to do something to calm relatives (in this case his children from his first marriage).

In addition to the contract was written and testament. But only to them. He wrote to all the property of children, and this (new) apartment arranged as follows: after his death, she retreated to his wife, but the temporary use and non-transferable or wills to anyone else. And when she goes into another world, the apartment had also to be in possession of his children. She did not write wills.

It took several years of happy family life and the terrible misfortune happened. Literally six months it had been burned from cancer. Inconsolable mourning the loss of a spouse and nothing besides, was not occupied until it was diverted. Her children, yutyaschiesya two families in one, albeit a very spacious apartment, came to lay claim to the inheritance of his mother - two-thirds of the half chorus stepfather.

The stepfather has already been agreed to divide, the more the apartment without his wife did not bring him nothing but torment, but he entered the game a former spouse. She stated that about any legacy can be no question, because the apartment was bought by her ex-husband before marriage, and as a result of the marriage contract and his will to it could claim his wife if he died first, but certainly not her children.

Kids do not agree with this statement. Now want to include this matter in court. But we are not waiting for a court decision, we can find a lawyer to comment the above stories.

Question to the lawyer:
What can claim the children of the deceased in these circumstances?

Comment lawyer Leo Ivanchenko
:

Since she died first, but he is still alive, no question of his will not go. It would go into effect if he died.

According to the marriage contract, it would have to abandon their property (ie, from half an apartment) just in case they divorce, but it did not happen.

At the time of her death, half of the apartment belonged to her, her will did not exist, and her children (the heirs of the first stage, along with a spouse) may well claim their fair share of the inheritance. Claims his ex-wife in this case are ungrounded.

Naturally, the former spouse is entitled to go to court and try to prove that in this case, the children of the second wife can not claim the property, but to do so would be extremely difficult.
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