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Could you file a Bigamy case if the accused is already deceased?

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adomicbomb


Arresto Menor

Hi all,

I have an interesting question to the lawyers. Supposed a person contracted two marriages, he has a wife #1 and a wife #2. Wife #1 discovered his long missing husband may have contracted a second marriage. the problem is, husband is already dead and wife #2 is already dead too. They are survived by their children.

Could wife #1 still file a bigamy case in court if both the husband and wife #2 are deceased? Her intentions for doing this would be to recover property registered under the name of wife #2 from being inherited by the surviving children of the second marriage.

As far as i know, a marriage is valid until it is ordered invalid by the court. But how can the court invalidate it now that the accused are both dead?



attyLLL


moderator

don't confuse bigamy as a criminal charge and bigamy as a basis to invalidate a marriage. death exempts them from criminal liability, but the wife can still file a petition for settlement of estate and collation of properties, and she can allege their marriage was bigamous.

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