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Received an inheritance, relationship ended, entitlement to inheritance?

(73 Posts)
hollydaytime Sun 19-Nov-17 07:36:17

A couple who have been together 25+ years but never married and have 2 children together (who are now adults) are splitting up after one of them has received a large inheritance. Does the other one have any right to any of that inheritance?

So the inheritance was given to one of them when their mother died and kept in a personal bank account. Does the other person have any right to any of that money? Similarly the person who has got the inheritance has accumulated a good pension pot. Does the other person have any right to any of that pension in the future?

BakerBear Sun 19-Nov-17 07:38:08

No you have to be married to be entitled to anything that hasn’t got your name on

NumbNelly Sun 19-Nov-17 07:38:21

Are the two people married?

Bluename Sun 19-Nov-17 07:41:10

Numb did you read the first sentence confused

Ifailed Sun 19-Nov-17 07:45:35

unless they have signed some sort of legal agreement, lets call it a marriage for convenience, then they are two separate adults with separate finances.

Wilburissomepig Sun 19-Nov-17 07:49:07

No, they have no right to the inheritance or the pension.

FlexTimeCheekyFucker Sun 19-Nov-17 07:50:03

Not entitled to anything if not married.

hollydaytime Sun 19-Nov-17 07:51:11

Thanks all, as I thought. If the money was in a joint account would that make a difference?

LIZS Sun 19-Nov-17 07:53:41

If the money is in a joint account it could be argued that it is a shared asset. However legally it is the beneficiary's. Would it be possible to gift it to the children instead?

Ifailed Sun 19-Nov-17 07:56:54

either holder of a joint account can make a withdrawal, can empty it they want the bank won't care.

Kr1st1na Sun 19-Nov-17 08:13:26

It depends on the law The country where you live.

I assume that this couple wouls have taken legal advice before cohabiting for 25 years, having two kids and saving into a pension in one persons name .

PoorYorick Sun 19-Nov-17 08:15:23

I assume that this couple wouls have taken legal advice before cohabiting for 25 years, having two kids and saving into a pension in one persons name.

I wouldn't assume that at all.

Notreallyarsed Sun 19-Nov-17 08:18:15

If it’s in a joint account the other party could access it legally. However if the person who put it there emptied the account the other wouldn’t be able to argue.

raisinsarenottheonlyfruit Sun 19-Nov-17 08:19:06

I assume that this couple wouls have taken legal advice before cohabiting for 25 years, having two kids and saving into a pension in one persons name

What a snide comment!

If that was the case they'd hardly be askinf would they?

lottiegarbanzo Sun 19-Nov-17 08:20:44

No.

Joint account makes withdrawal by either possible but, I think, doesn't change ownership. Certainly the inheritor could withdraw everything.

Kr1st1na Sun 19-Nov-17 08:22:24

It’s not snide. Lots of you are giving out legal advice without even knowing here this couple live so you can’t possibly know its it’s correct.

And you don’t even know enough about the circumstances.

Notreallyarsed Sun 19-Nov-17 08:25:26

It is perfectly legal for one joint account holder to empty the account. Not sure why that’s an issue?

Ifailed Sun 19-Nov-17 08:29:46

Assuming they live in England or Wales, and they have signed a standard mandate when opening the joint account, either of them can withdraw money from it.

Dozer Sun 19-Nov-17 08:32:53

Not married so very likely the one without inheritance not entitled to anything.

Gasp0deTheW0nderD0g Sun 19-Nov-17 08:51:49

I assume that this couple wouls have taken legal advice before cohabiting for 25 years, having two kids and saving into a pension in one persons name .

I suppose there's a snide overtone to that remark but it is astonishing how many people enter into these huge life decisions without a thought for the legal/financial consequences for both parties if it all goes wrong. If a relationship is so fragile that it can't withstand a frank talk about money that's not a good sign.

dontcallmethatyoucunt Sun 19-Nov-17 09:00:58

If there is a dependency issue, this might be the basis for a challenge, but drop about 30k at the door of the court and hope the judge is in a good mood.

Florence16 Sun 19-Nov-17 09:08:22

Without marriage sadly the entitlement is 0. Even if the one who didn’t inherit withdrew the money from a joint account, I think that could cause trouble because you will be able to follow the paper trail of it back.

To be honest, with inheritance, I think it belongs to whoever it was left to. Even if DH and I split I wouldn’t expect to take anything inherited from his family if it was left to him. If we had kids I may go down that route if I thought it appropriate, but not for myself. The thought leaves a bad taste in my mouth.

ivykaty44 Sun 19-Nov-17 09:13:42

Florence16
That wasn’t the advice my solicitor gave me upon divorcing about inheritance. It was relevant as a relative at the time was terminally ill.

Moreisnnogedag Sun 19-Nov-17 09:20:43

Ivy in what way? I thought it would be split if married but for cohabiting no recourse.

Which side are you in this OP?

Moreisnnogedag Sun 19-Nov-17 09:23:32

Flo I don't know. I've been with DH for near twenty years, am treated like a daughter by his parents (who are lovely) and have done loads for them because I - and they - consider myself part of their family. They've recently redone their wills and only my DH and our DC are included. I'll be honest I'm hurt by that.

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