Husband’s millions on his death?

[AllFriendsIn]

Are any will writers or lawyers able to tell me what would happen to my husband’s estate? We are legally married and not separated, he has children I do not, he has inherited over £1m+ which he does not share with me. I am financially, emotionally and sometimes physically abused by him.
AIBU to try and find out what my situation would be on his death? I’m not planning on killing him in case you were wondering! Please don’t make this about leaving him it’s not an option.

@Gymrats

If there is no will (there could be a secret one, it’s not unheard of) you would get everything, which is why it’s likely he does have a will so his children can get something

Not so. There is a limit to the spouse's entitlement in the case of intestacy where there are children - I don't know what it is now but used to be around 300k and maybe an interest in some of the rest...can't recall the detail, but maybe there's some Probate lawyers on here? It may well be that you are better off divorced, particularly if his children are no longer dependent. It's worth spending money to get proper legal advice.

Inheritance can be ring fenced and kept separate from marital assets so you need very specific legal advice.

Here you go, if there is no will

www.gov.uk/inherits-someone-dies-without-will/y/england-and-wales/yes/yes/yes

Where are you (what country)?

I believe inheritance does not count as a marital asset in England in case of divorce unless its been ploughed into something else that classes as a marital asset.

Eg. If he put the million into a separate bank and leaves it there its not a marital asset if you were to divorce, but if he uses it to pay off the mortgage and build an extension then the house is a marital asset and it doesn't matter that he used inheritance.

Is there a marital home too?

If you divorced you should be able to secure that as his needs can be met from his inheritance.

@AllFriendsIn

Thank you for your kindness. Religion, poor mental health, penniless are three reasons I can’t leave. I really can’t.

Can't speak to your religion OP ; but it seems to me that leaving him would improve 2 of the 3 somewhat

If he dies intestate, with S1 million, my understanding is the OP will get £270,000 plus half the rest, plus a personal possesions. I think £365,000 would be split among his children.

Although that's without considering inheritance tax, which I don't think would apply, but might apply if the total were slightly higher.

£1 million, I meant.

You should also have a joint entitlement to a share of your marital
Home if he owns it and you have been living there as his wife that long. Regardless of it being in his name.

Religion - are there any that stop you from separating or divorcing?

I know remarrying could be an issue in some religions and you might choose to observe that. But is a civil divorce not okay? Could you talk to a clergyman or spiritual advisor about this, and about your whole situation?

Like the others have said - by leaving him you will walk away with money. If he die he can leave it to anyone he wishes and clearly would have no qualms about disinheriting you.

What if you die first op? You'll have spent X many years miserable with no opportunity for some peace and enjoyment in life.

Are you able to access even the basics like the name of the place where he banks, possibly account numbers (even if you can't access the actual accounts ?)

Can you say where the money has come from. For example the name of the person he inherited from ? Because an estate that large would have required probate and those records and the Will are publicly available records online. If you have only this information alone and go and see a solicitor, they should be able to give you some specific advice.

Many solicitors offer a 'free' initial consultation.Some are also able to accept fees from your settlement. So it helps if you can show that there are assets within the marriage.

Nobody can tell you that because if he has a Will we haven't seen it.

There are also rules about marital property. He can't just Will your 'share' to others. It is unlikely to be his to give away. Unless it was 'in trust' before you married.

Are you married by civil law or just religiously?

@ShanghaiDiva

You can use the govt website to determine what would happen if he has not made a will. Simply enter the key pieces of information eg residency, children, grandchildren, spouse and if estate is over £270k.

Yes this! So much incorrect advice on this thread.

If he has no will, this is the link you need, hit start now www.gov.uk/inherits-someone-dies-without-will If there is no will, his estate is over £270k, he’s married and he has living children then the spouse gets the first £270k absolutely, spouse then gets an interest in the half of the remainder- the other half goes to the living children- but the correct position according to your circumstances will be set out once you’ve completed that questionnaire.

If he has a will he can leave to whomever he chooses, though as wife you may be able to make a claim against his estate but you’d take legal advice on that at the time.

Btw if you murder someone you can’t benefit from the estate!

Sorry to hear the marriage is bad, wishing you all the best.

How will you be penniless if he has over 1M? You'll be entitled to half. If you don't want to divorce on religious grounds then perhaps a legal separation? No decent religion would expect you to stay with an abusive man. And maybe your MH would be a lot better if you left.

There are some good, free resources that you could access. You could speak to surviving economic abuse (survivingeconomicabuse.org/)

Establishing your current and future options would be very helpful, they are absolutely fantastic and have strong support from the financial institutions to protect victims.

Womens aid for your current situation, this link has a quick checklist to help you understand whether you are in abusive relationship and a sense of how serious.

www.womensaid.org.uk/the-survivors-handbook/am-i-in-an-abusive-relationship/

Good luck, your situation sounds concerning.

This is not 1821 and you have choices. Personally no religion would compel me to stay in a relationship like this, your mental health might well improve on leaving and you would not be penniless if you get good legal advice.

@Abraxan

A financially controlling and/or abusive man is very likely to have a will, even if he hasn't told you about it.

Yes, this, of course he has one. Also very odd- I can't leave him but evidently hope he pops his clogs

Argh please don’t listen to people saying you are entitled to everything or you will get half the estate, that’s incorrect! If you need someone to talk through the intestacy rules I’d meet with a solicitor but the .gov website is quite helpful.

He has a will. He has over a million quid in a bank account and he's abusive and controlling.

He just hasn't told you about it

(Oh sorry unless people saying entitled to half as a result of divorce, but even then your entitlement is determined on a case by case basis. Best to speak to a women’s charity or family solicitor)