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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is there anything my parents can do to protect my inheritance?

84 replies

userzH · 05/02/2024 22:59

I have another thread going but I wondered if anyone had any advice here.

When my parents pass away, it is highly likely that I will inherit a large some of money.

I am currently trying to divorce my abusive ex husband who is refusing to engage in any financial settlement. He doesn't want to cut financial ties between us.

Whilst we have nothing to sort financially, I need to protect myself from him in the future.

If it isn't going to be possible to get any sort of financial order from my ex husband, is there anything my parents could do to protect their inheritance should he try make a claim against me when after they've passed away?

This is awful talk about but it's worrying for my parents. They hate the idea of their money potentially ending up in his pocket.

OP posts:
Ilovemyshed · 06/02/2024 20:09

Get a financial settlement in place - full and final. The court will make an order if he won't sign one.

Codlingmoths · 06/02/2024 20:13

JudgeJ · 06/02/2024 20:05

And men who have squirreled inherited money away have been hammered on this site, apparently if he inherits it should be considered as 'family money'.

She’s already separated. She’s not going to inherit for some time. He is abusive and refuses to let the separation get finalised. Do you think this is really comparable to a man in a committed relationship hiding money and lying to the woman who thinks he loves him? I hope not. I’d like to thinj that if I divorced my husband, said we aren’t together and we were living separately and I had as little to do with him as I possibly could since he’s my ex, then I’m allowed to not lovingly share my inheritance at some future point when my parents pass. Or if women have a relationship even if they end it do you think they still owe that person half of everything they have for the rest of their lives?

silentpool · 06/02/2024 20:14

Get a divorce and a clean break order. If he won't engage, you can file a form yourself with the court to get a legal process going to force it through. If your parents have money, why don't you borrow some to get a decent lawyer?

My ex-h refused to co-operate right up until I sent a bailiff to his house with a court summons.

andyindurham · 06/02/2024 20:43

Do you have siblings? When my sister was going through her divorce, my parents temporarily changed their will. Instead of splitting 50/50 between the two children, 100% would have gone to me. This was on the clear understanding that once XH was out of the picture, I would transfer her share to her.

Obviously that depends a lot on your relationship with any siblings, but it might be an option?

MamaAlwaysknowsbest · 06/02/2024 20:47

JudgeJ · Today 20:05

MamaAlwaysknowsbest · Today 09:47

How can he claim your own money even if you don't get divorced. Many married people here said their spouse got money inherited and locked it away in a separate bank account
And men who have squirreled inherited money away have been hammered on this site, apparently if he inherits it should be considered as 'family money'.

: yes, i see the point. How someone can claim money after divorce, but is capable of having it in a totally private bank account even while married - when this is the case of course

userzH · 06/02/2024 21:01

andyindurham · 06/02/2024 20:43

Do you have siblings? When my sister was going through her divorce, my parents temporarily changed their will. Instead of splitting 50/50 between the two children, 100% would have gone to me. This was on the clear understanding that once XH was out of the picture, I would transfer her share to her.

Obviously that depends a lot on your relationship with any siblings, but it might be an option?

Yes I have a sister and I'm close enough to her that I would trust her in order to do this. That could well be an option - thank you.

OP posts:
userzH · 06/02/2024 21:03

silentpool · 06/02/2024 20:14

Get a divorce and a clean break order. If he won't engage, you can file a form yourself with the court to get a legal process going to force it through. If your parents have money, why don't you borrow some to get a decent lawyer?

My ex-h refused to co-operate right up until I sent a bailiff to his house with a court summons.

I am trying to get the clean break order at the moment.

If you don't mind me asking, did that come at a huge cost to you and I take it no financial impact on your ex husband?

I'm sure my parents would help me financially if it came to it.

OP posts:
silentpool · 07/02/2024 02:46

I would suggest you ask your parents for money to pay for a decent divorce lawyer so you are protected. This is not the time to save money, especially with an inheritance at stake.

I started my divorce with a crap lawyer and it dragged on and on. I eventually paid for a decent one to advise me in the background, as to the settlement and process, while I self represented (cheaper). Once I changed lawyers, it was done rapidly.

It was not as scary as you think. I filed something called a Form A, which kicks off the court process. The judges were very nice and I felt ok. The relief of having my financial order in place was worth every cent I spent on lawyers.

DeeLusional · 07/02/2024 18:05

userzH · 06/02/2024 10:37

Yes I have taken the advice.

However my parents were wondering if there is anything they can do to protect their money once it has reached me if my ex husband will not co-operate with a financial order.

I have sent my solicitor an email this morning and I am going to carry on with pursuing the clean break order however there is no harm looking at other options. Solicitors are expensive and while my parents are financially stable, there is nothing wrong with asking if anyone has been in a similar situation and what they did to rectify it before just jumping straight in and getting their own legal advice.

The only thing that will protect the money once it has reached you is a clean break order. If he refuses to cooperate it will be more expensive as you will need a solicitor and a barrister. Presumably he knows you will inherit a substantial legacy which is why he is refusing to cooperate. It's by no means certain that he would be granted anything in years to come, but I wouldn't take the chance.

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