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.

I know little about religion, but am pretty confident that leaving an abusive husband would improve your mental health and, if you are legally married, improve your financial situation too.

@Gymrats

I think it depends on his will, I think he could cut you completely out if he wants to but as a wife there must be some kind protection you have? Maybe get legal advice?

Our solicitor told us you can't contest a will just because you don't like it.

@Frankola

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

I believe this.

Everything seems impossible, until it's done

You won’t be penniless if you divorce him.

Please speak to women’s aid and see if they can help.

He could live for years and years - decades even. You don’t want to spend your life waiting for him to die.

@AllFriendsIn

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

A good God would not want you staying with an abusive man.

Your mental health is likely to improve once you're not being abused.

He's now a millionaire and you have been married a long time. I'm not an expert, but I'm sure that a divorce settlement would give you something.

On an estate of that size I would be very surprised if there was no will in place. A substantial amount of inheritance tax will apply.

Overview ( from gov.uk )

Inheritance Tax is a tax on the estate (the property, money and possessions) of someone who’s died.

There’s normally no Inheritance Tax to pay if either:

the value of your estate is below the £325,000 threshold
you leave everything above the £325,000 threshold to your spouse, civil partner, a charity or a community amateur sports club
If the estate’s value is below the threshold you’ll still need to report it to HMRC.

If you give away your home to your children (including adopted, foster or stepchildren) or grandchildren your threshold can increase to £500,000.

If you’re married or in a civil partnership and your estate is worth less than your threshold, any unused threshold can be added to your partner’s threshold when you die. This means their threshold can be as much as £1 million.

Inheritance Tax rates
The standard Inheritance Tax rate is 40%. It’s only charged on the part of your estate that’s above the threshold.

Example
Your estate is worth £500,000 and your tax-free threshold is £325,000. The Inheritance Tax charged will be 40% of £175,000 (£500,000 minus £325,000).

I don’t believe that he has to share his inheritance with you as it’s his money. It’s not a shared asset - just like you don’t have to share any money you may inherit with him.

@GinIronic

I don’t believe that he has to share his inheritance with you as it’s his money. It’s not a shared asset - just like you don’t have to share any money you may inherit with him.

This isn’t actually true though, if you divorce - it would usually be regarded as a marital asset and split

If you DON'T divorce him he can spend it/hide it/leave it to others so you have to fight for it

There are any number of ways this cunt can continue to abuse you after his death

@catabogus also not true! If the inheritance money hasn’t been intermingled - for example buying a house and your partner living in it - then your solicitor can certainly argue to have it set aside. How successful they’ll be depends on multiple factors. There are pretty much no hard and fast rules when it comes to divorce assets under English law. Scottish law is a little more prescriptive in some areas. I’m always intrigued by the confidence of MNers on divorce law!

Why would you want to take your children’s inheritance?

@Beachbreak2411

Why would you want to take your children’s inheritance?

@Beachbreak2411 what children? 🤷🏻‍♀️

They aren't her children.

[quote Cocomarine]@catabogus also not true! If the inheritance money hasn’t been intermingled - for example buying a house and your partner living in it - then your solicitor can certainly argue to have it set aside. How successful they’ll be depends on multiple factors. There are pretty much no hard and fast rules when it comes to divorce assets under English law. Scottish law is a little more prescriptive in some areas. I’m always intrigued by the confidence of MNers on divorce law![/quote]
That doesn’t reflect my experience at all.I mean, I understand a solicitor can apply to have inheritance set aside, but I thought it wasn’t automatically excluded from the assets split - especially if the other party is “penniless”! But I stand corrected.

@Beachbreak2411

Why would you want to take your children’s inheritance?

Why shouldn't op be entitled to his estate given she's put 22 years into a marriage? Making a life, a home and putting in her own finances etc? When she dies she could leave the remainder to his children. I hate this 'kids should inherit' why should they? It's not a right.

Why wait until he's dead. That's wishing your life away. Is he very old?

he might live another 40 years, you might die before him
has he definitely inherited this large sum?

Divorce then you get half.

divorce him and lay a claim

Ah I’m sorry I misread. My apologies! Divorce the asshole and get half 😁

What is your religion OP? It may be that your religion's teachings aren't quite what you think. Eg Catholics aren't allowed to remarry but then are definitely allowed to get divorced especially in the case of abuse. (Actually if you're a devout Catholic I guess you wouldn't have married a divorcee in the church...)

* Why shouldn't op be entitled to his estate given she's put 22 years into a marriage? Making a life, a home and putting in her own finances etc? When she dies she could leave the remainder to his children. I hate this 'kids should inherit' why should they? It's not a right.*

^Children shouldn’t inherit anymore than the wife

Our solicitor told us you can't contest a will just because you don't like it.

Well, of course you can't. This is why OP would ideally speak to a solicitor who specialises in this area.

• What is she entitled to if they divorce?
• If they remain married and he dies first, and it then turns out he did make a will and left her nothing, what would the court award her? The answer is likely to be 'something' as she is currently dependent on him financially and they have been married for a long time.

I found this with a quick google: www.wrighthassall.co.uk/expertise/contesting-a-will#FAQs

It may also be possible to seek reasonable financial provision if you depended financially upon the person who has died but no such provision has been made in the will, under the Inheritance (Provision for Family and Dependants) Act 1975.

I agree that divorce would be a much better option. He can cut you out of his will completely and leave his money to anyone he likes, or leave it all in trust for his children. If you divorce you are entitled to a share of marital assets.

Go see a solicitor OP. Gather all the financial info you can. As a wife you can protect your right to a section of his estate, but you need legal advice if you think he doesn’t have a will or may leave you out of it.

www.inheritancedisputes.co.uk/news-articles/can-my-husband-leave-me-out-his-will.html#:~:text=The%20law%20offers%20particular%20protection,to%20pursue%20a%20legal%20challenge.&text=The%20Act%20gives%20the%20courts,had%20been%20left%20to%20others.