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Entitlement of a common-law wife of a German national residing in Hong Kong

This is a discussion on Entitlement of a common-law wife of a German national residing in Hong Kong within the International Law Issues forum, part of the INTERNATIONAL LAW category; Good day! Please advise. Facts: Mr. X is a German national, residing in Hong Kong, and a divorcee with kids. ...

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Old Jan 31st, 2008, 07:40 AM   #1
Raymund
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Default Entitlement of a common-law wife of a German national residing in Hong Kong

Good day! Please advise.

Facts:

Mr. X is a German national, residing in Hong Kong, and a divorcee with kids.
Ms. Y is a Filipina, working in Hong Kong and is the live-in partner (common-law wife) of Mr. X since 2005.

Questions:

1. Assuming Mr. X dies in Hong Kong, what are the legal rights of Ms. Y in so far as the properties and monies of Mr. X located in (1) Hong Kong and (2)Philippines are concerned?

2. What is the applicable law, the German inheritance Law or Hong Kong international private Law? What does the applicable law says?

3. Is Ms. Y entitled to claim a portion of Mr. X' properties and monies in Hong Kong and Philippines?

Many thanks. More Power!

Raymund
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Old Feb 3rd, 2008, 02:20 PM   #2
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Default Re: Entitlement of a common-law wife of a German national residing in Hong Kong

There is no one answer based on those facts--You need to clear that up asap because, as is, you would have good arguments on both sides and you are just opening yourself up for problems and litigation.

She has some equitable rights but will not be guaranteed of all the rights of a wife or even an intestate heir.

Get wills made ASAP.
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Old Feb 8th, 2008, 06:55 AM   #3
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Default Re: Entitlement of a common-law wife of a German national residing in Hong Kong

Thank you for your reply.


Follow up questions:


1. What are these equitable rights? What are the legal bases for these equitable rights?


2. Where to file in case Ms. Y wants to pursue her claims? What is the chance of Ms. Y?


Many thanks. God bless.
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