Parent passed, question about step dad bigamy

[Sambraithw]

Hi,
I lost my parent last year and have since had a problem with my step dad.
He is using the Intestacy Act to entitle himself to my parents estate.
It has since come to light that it is possible he may have not canceled a previous marriage. Is the marriage to my parent null and void after death in the event of bigamy?
Thanks

[ostell]

I would say yes.

[des8]

A void marriage is one that will be treated by the court as never having taken place.

The grounds on which a marriage will be void are set out in section 11 of the Matrimonial Causes Act 1973, (MCA 1973).
https://www.legislation.gov.uk/ukpga/1973/18/section/11

"A marriage celebrated after 31 July 1971 shall be void on the following grounds only, that is to say— if :
(a)...................................
(b) that at the time of the marriage either party was already lawfully married or a civil partner"


That doesn't mean he won't have a claim to your mother's estate under the Inheritance (provision for Family and Dependants) Act 1975

[Aged William]

Only a court can declare a marriage bigamous, most commonly following the conviction of the offending spouse.

So a word of caution...

If you are to challenge your stepfather's claim to the estate on these grounds you will be accusing him of a criminal offence, so be prepared to have some evidence to back you up. I suggest you take your suspicions to the police but be prepared to badger them for a response as (I'm sorry to say) this may not feature very high on their list of priorities.

[des8]

Is his first wife still alive?
He might not be convicted of bigamy if he had no knowledge of the whereabouts and wellbeing of his first wife for 7 years when he contracted his second marriage
Has your step father obtained or applied for letters of administration?
If so, and if you have solid proof of that he married bigamously, you just might be able to have the grant of letters of administration stopped or revoked on the basis he is unsuitable to act as personal representative.