Is it Possible to Have Multiple Spouses for Inheritance Purposes?

by | Jul 18, 2023 | Spousal IRA

Is it Possible to Have Multiple Spouses for Inheritance Purposes?




The lawyers discuss the circumstance where the deceased had a relationship with someone outside of their marriage who wants her “fair” share of the inheritance. The video discusses the second “wife’s” entitlement under the Succession Law Reform Act and case law.

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For the Purposes of Inheritance Can a Person Have More Than One Spouse?

Inheritance laws can often be complex and differ from one jurisdiction to another. One issue that arises when it comes to inheritance and marriage is whether a person can have more than one spouse and how that affects the distribution of their assets upon death. The concept of polygamy, which involves marriage to more than one person simultaneously, has been subject to both legal and moral debates across the globe.

In many countries, including the majority of Western nations, polygamy is illegal. These jurisdictions typically recognize marriage as a legal union between only two individuals. However, in some societies, particularly those with strong cultural or religious traditions, polygamy is permitted and regulated by law.

In countries where polygamy is legal, the right to inheritance can become more complex when multiple spouses are involved. The laws in these jurisdictions often address the issue by providing specific guidelines on how the deceased person’s assets are to be distributed among their spouses and other family members.

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One common approach is to divide the inheritance equally among all the spouses. In such cases, each wife (or husband) would be entitled to an equal share of the assets. This method is often seen as a way to ensure fairness and avoid potential conflicts between the spouses.

However, some countries have different rules for dividing the inheritance when there are multiple spouses. For example, a jurisdiction may require the deceased person to have specifically stated in their will how they wish their assets to be distributed among their spouses. In the absence of such a provision, the court may decide on the distribution based on various factors such as the length of the marriage, the number of children, and the financial needs of each spouse.

Another challenge that arises with polygamous marriages is determining the rightful beneficiaries outside the marital relationship. In monogamous marriages, spouses are typically recognized as the primary heirs. However, when multiple spouses are involved, the distribution of assets among children and other dependents can become complicated. Some jurisdictions address this issue by allowing each spouse to make a will, specifying how they wish their assets to be distributed among their children from their respective marriages.

It’s worth noting that even in countries where polygamy is legal, certain limitations and conditions may apply. For instance, there may be restrictions on the number of spouses a person can have, requirements for consent from existing spouses, or specific legal requirements such as a minimum age for marriage. Moreover, the legality of polygamous marriage in one country does not necessarily mean it will be recognized in another jurisdiction.

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In conclusion, when it comes to inheritance and polygamy, the laws can vary significantly depending on the country and the legal framework in place. In jurisdictions where polygamous marriage is recognized, specific rules are usually in place to determine how the assets are distributed among the spouses and other dependents. However, it is important to seek legal advice and familiarize oneself with the laws of the particular jurisdiction to ensure compliance and avoid any potential legal issues.

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