Iraq Lawyer Case #1

This is an actual case where the Client has consented for some details of the case to be put in the public domain.

Background

Client X was born in Iraq and was sent by the Oil Ministry to the UK in 1974s to obtain a degree in Engineering from a British university. X obtained his BSc degree in 1979 then his PhD in 1979 but remained in the UK. His Iraqi passport expired but the Iraqi Embassy refused to renew it because X failed to return to Iraq. In 1987 X became a naturalized British Citizen. In 1999 X married an English woman and they had two daughters , S, born in 1998 and H , born in 2000. After the removal of Saddam in 2003, X attended the new Iraqi embassy in London and he was issued with a new Iraqi passport. The marriage lasts until 2010 but then breaks down suddenly when X ‘s employer terminates his contract so X takes his former employer to a Tribunal. X’s wife, spurred on by greed , conspires with her wicked parents to seize X’s assets and remove X from the matrimonial home. The call the local police and file a false report accusing X falsely of domestic abuse.
X realizes that he is being expertly set-up and that he could easily end up with a criminal record , so he leaves the matrimonial home and uses his Iraqi passport to return to Iraq after a 36 year absence. There follows a turbulent two years in Iraq for X, but then X manages to find his footing again and he settles down in the city of Sulaimani where his forefathers lived.

The Problem

X has two daughters from his former English wife who understand nothing about their father’s Iraqi heritage who have been taught by their grandparents that their father means them nothing but harm. X comes to terms with his daughters’ rejection of him but X believes it is his duty to ensure that his two daughters inherit his considerable assets in Iraq when he eventually dies. X instructs Iraq Lawyer to to find a way for his two daughters in the UK to inherit his assets in Iraq upon his eventual death.

Iraq Lawyer’s Solution

Iraq lawyer attorneys explain to X that the problem of his daughters inheriting his assets in Iraq is twofold:
i. The marriage of X to his daughters’ English mother in 1999 at Camden Register Office is not recognized in Iraq, and neither is the fact that X is the father of his two daughters.
ii. Under Iraqi Law only those who are Iraqi nationals have the right to inherit.
It follows that if X were to die before a solution is found then all of his assets in Iraq could eventually be seized by the state, unless a surviving relative can prove in the Court of Personal Affairs that they have the right to inherit X in Iraq. To avoid this eventuality, Iraq lawyer proceeded as follows:
1. Iraq lawyer associates obtained copies of the British Birth Certificates of X’s two daughters from the Register Offices which issued them (Camden and Ashford).
2. Iraq lawyer associates got the British Birth Certificates authenticated at the Foreign Office.
3. Iraq lawyer associates in London attended the Iraqi Consulate in Gloucester Road, London taking with them the authenticated Birth Certificates as well as the original Iraqi identification documents of X. They got the Iraqi Consulate to issue an Iraqi Birth Certificate for each of the two daughters. The Iraqi Consulate proceeded to notify the relevant Directorate of Nationality and Personal Affairs in Baghdad, while Iraq lawyer associates in London send all documents by courier to X in Iraq.
4. When the notification by the Iraqi Consulate reached Baghdad, Iraq lawyer associates in Baghdad attended the relevant Directorate of Nationality and Personal Affairs together X’s original identification papers and the authenticated and translated copy of his British Marriage Certificate to his daughters’ mother.
5. The first critical milestone has been reached. The official records of the Iraqi state now showed that X is the father of his two daughters together with their names and dates of birth. It is no longer possible for the Iraqi State to eventually seize X’s assets upon his death because he has no heirs. The right of X’s daughters to inherit their father’s assets in Iraq upon his death has been protected.
6. This, however, is not the end of the matter and the solution is not complete. X’s daughters are British citizens and do not hold Iraqi nationality so they cannot inherit under Iraqi law. The final step is up to X’s daughters themselves, for they have to decide that they wish to acquire Iraqi nationality and become dual British-Iraqi nationals like their father. If they so decide then Iraq lawyer associates in London will accompany them to the Iraqi Consulate to start the process. They would have to attend the Consulate once to make the application, and may be a second time to be interviewed by the Iraqi Consul.