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 got away after 23 years of abuse. I thought I’d end up with next to nothing. I got a good solicitor. I agreed a 75 % split in my favour ( could have gone for 95 but wanted it sorted quickly). I have my own house now and it’s bloody lovely. Getting away is an option. Oh and I was 58.

www.citizensadvice.org.uk/family/death-and-wills/who-can-inherit-if-there-is-no-will-the-rules-of-intestacy

www.inheritancedisputes.co.uk/news-articles/can-my-husband-leave-me-out-his-will.html

@theremustonlybeone

So you dont have kids together and he has a large inheritance and your pissed off you cant access it . How long have you actually been together? 20yrs is very different to 2 and if I re married in the event of may DH death I would protect my assets too.

@theremustonlybeone the nasty comments to people seeking help never fail to amaze me.

Divorce is absolutely your best option. No one should live in fear.

Leaving is always an option. The only reason you think it isn't is because you've been gaslit into believing you can't. Fuck your husband. Call Women's Aid, get a solicitor and get out of there.

OP I work in this area of law. If he dies during your marriage and has left a Will in which you do not receive any benefit you can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This type of claim is set our below and some solicitors offer a “conditional fee agreement” for these cases. So you wouldn’t necessarily have to pay any legal fees upfront.

www.hughjames.com/service/contested-wills-trusts-and-estates/inheritance-act-claims

www.pinneytalfourd.co.uk/news/conditional-fee-agreements-inheritance-act-claims

If he has not made a Will then obviously the intestacy rules apply and you get a share of the assets as set out by other posters on this thread.

Alternatively you could divorce the bastard.

You need to leave now and you will
Likely get a good half

He can easily leave his money to his children
As my dad did that with me and my siblings
My mum can stay in the house
And it’s still half her house
But the other half now belongs to me and sibs
But will be in some sort of trust until my mum isn’t here anymore either

Rather keep her around longer tho
But point is he can leave with with nothing on death

OP, even religions that usually do not sanction divorce do so when abuse is involved.

Take the Catholic Church for instance. Canon law states "A spouse who occasions grave danger of soul or body to the other or to the children, or otherwise makes the common life unduly difficult, provides the other spouse with a reason to leave, either by a decree of the local ordinary [e.g., bishop] or, if there is danger in delay, even on his or her own authority."

The Catholic Church allows you to divorce civilly. The only thing it does not permit you to do is to remarry within the church while your previous spouse is alive. Moreover, particularly if the abuse stems from longstanding concerns, they allow the church to nullify the marriage vows on the basis that the spouse did not "intend the good of each other."

Please do not let yourself be endangered, physically, emotionally, or financially. Be safe, OP.

Why confused? With that tone.. he is a violent rapist. Of course she can pray he dies soon. I’ve never met her and I’ll be praying he dies soon

No you haven't met her
And nowhere does it state he is "A Violent Rapist"

The OP doesn't mention any sexual abuse .

Sometimes physically abused.

All rape is abuse but not all abuse is rape .

Loosely speaking,
Should he pass without a will, it will have to go thru probate, but it is likely you will inherit as his legal next of kin.
If he passes with a will you will only get what has been ‘willed’ to you, even if that’s nothing!.....unless you choose to contest said will , and that will cost you £kkkks!
As stated before, you should inherit more if you divorce him, but I believe that you should seek legal advice and both quickly and quietly, before he makes said will!

OP if he has a will and you are not in it, but he has been financially supporting you, you could potentially apply to court and ask them to alter the will so that it goves you something to live on, and the court would probably do it, depending on what mood the jusge is in. You’d need money for a lawyer tho.

If he doesn’t have a will I think it all goes to the surviving spouse ie you, but it can take about a year to actually get the money where there is no will.

I hope you find a way to leave. xx

@housemaus

In theory, it depends if he has a will: if he doesn't, then you would inherit everything automatically. Even if he doesn't, the starting point should be that you'd keep anything that was jointly owned.

If he did have a will and some of his property was solely owned by him, then he could leave that to someone else. If you're financially dependent on him and he had completely cut you out of the will by designating all his assets as just his, not joint, you'd have legal grounds as his spouse to contest the will as not having been sufficiently provided for.

If he does have a will, but he made it before you were married and hasn't changed it since, your marriage revokes the will and you would inherit everything.

So it depends how he has the £1m - if he's got it solely in his name in property, etc, then he can leave that to his children (you could still contest it, but it wouldn't automatically go to you). If it's just cash/shares/etc then legally I think it'd be much more difficult for him to 'ringfence' that from you - but there are many variables that could change that.

I really hope you're okay. I know you say leaving isn't an option, but if you need advice or help at any point at all, Refuge's domestic abuse helpline is 0808 2000 247 and available any time. You can also email [email protected].

And Mumsnet is always good for advice, support, and strength.

She wouldn't "inherit everything" under the intestacy rules. But she can look those up anyway.

Also, he could legitimately give it all away tomorrow, or on his death bed.

And if she divorced him she won't automatically get half of everything, it depends on many factors. And she wouldn't necessarily get half the inheritance, especially if as she suggests it has never been intermingled with joint money. Inheritances can be kept as personal assets.

She needs legal advice.

@WonderfulYou

Start divorce proceedings. You can borrow the money.

How can she borrow the money? Through the courts?

She'd get legal aid if she's a victim of abuse.

You are genuinely blessed to be born and raised in this country with a full welfare state and lots of feminist organisations to support you.

You will not be left penniless. Dont let his words, their mental beatings change the truth. You will be able to live independently as thousands do, with support from the council or refuges.

These support structures are there, waiting for you. You dont have to make the jump yet, but could you at least just once - just try and make one phone call and admit outloud on the phone that you are being abused. See how it feels, see what they say.

I’d leave now while you can. If you go to a divorce lawyer you’ll get a share of the money.

If he’s not made a will I would assume it would all go to you as his wife, but check with a solicitor.

I’m sorry you’re going through this, OP. You don’t have to stay with him.

@VestaTilley

I’d leave now while you can. If you go to a divorce lawyer you’ll get a share of the money.

If he’s not made a will I would assume it would all go to you as his wife, but check with a solicitor.

I’m sorry you’re going through this, OP. You don’t have to stay with him.

Can people with no legal knowledge please stop contradicting the correct information posted.

If he dies without a will the rules of intestacy apply. They are easily looked up, a link has already been posted. They are not difficult to understand. But they do not mean the wife gets everything, she gets a share, not everything.

Another vote for divorce. Life is too short for him and his children to abuse you. Sometimes courts will disregard inherited assets and allow the recipient to keep them but that tends to be where there are significant other assets. Here, there seem to be very limited additional assets, a long marriage and a couple in their 60s. You would get a sizeable chunk (enough to get a place on your own) in my view, OP (I used to be a family law solicitor), as your needs will outweigh the fact that the inheritance was intended for him.
Go see a family law solicitor for some advice.
If you have religious opposition to divorce, you can get something called a judicial separation instead, where you can still get a financial settlement but you won't be divorced. However, there's nothing to stop your H from divorcing you if he wants to so I would get in there first if I were you.

Divorce him and get half, surely!

I have just had solicitors notes through re will and says if your spouse is not left sufficient in your will (amount for that will vary on needs) then they can make a challenge to your will and can potentially get an amount similar to a divorce settlement.