A client recently contacted me with a conundrum of sorts, a really odd estate situation. A friend of his had passed away, very unfortunately, as a ship passenger traveling in the pacific with friends. It was a bit of a tragic accident that killed the young man, but equally tragic is what is happening with his estate. It turns out that he has lived abroad for many years in the Netherlands, working there for an internet firm and amassing some deal of wealth, an apartment, etc., and his closest blood relative surviving is a cousin, living here in San Francisco.
As a long time foreign resident of the Netherlands, it turns out that there is some claim to inheritance under their laws, or namely, under the Hague Inheritance Convention of 1989. His live in girl-friend from Amsterdam is claiming domestic partnership (spousal) rights that would allow their apartment to transfer to her.
However, wrinkles continue! The cousins were join owners of a Noe Valley home here that had been in the family, in which my client's friend now lives, and has no interest in getting involved in with the "dutchess," shall we say. She has a potential legal claim here as well under California law, depending on her ability to document the relationship.
And it gets worse! The Singaporean ship was in international waters, literally the "high seas." In such situations the laws of the ship's country of flag apply, under which in Singapore's case a cousin may in fact have no rights of inheritance - the spouse may have a stronger hand in fact the Singaporean government may also have a claim!
Only one thing is for sure, that this is going to Admiralty court, probably in several countries, and it won't be done for quite a long while.
Moral #1 may be, legally, to always remember to go dutch, if that's what you wish, but Moral #2 is always get a will! Especially if you're sailing the high seas.
BB
