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  • When your parents divorced they divorced with a settlement so now they are no longer committed to each other and no longer man and wife. When your father writes out his Will he can leave any monies or properties to whomever he wishes and it does not always include the first children he had with his divorced wife and it is legal. However, upon his death if the children feel they should get the property they can contest the Will and they may well get lucky in getting either some money from the Estate (an Estate is the whole of what the father owns) or they could lose out completely and it can take a very long time to contest a Will. In Canada if you contest a Will you can tie up the proceedings of that Will for three years and most people named in the Will can be greedy and may make a pay-out between lawyers just so they can get the monies or property in the decease's Will.
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Q: Is it legal when an Italian father states that since he is divorced from his wife has a new wife and another two children he is not obliged to leave any property to the first child after his death?
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