To think if we get divorced he shouldn't get a share of inheritance

[PoisedPoet]

My husband and I are separated, we haven't lived together for over a year and basically live completely separate lives. Our finances are totally separate and we are both single in every respect apart from the fact we are still married.

We didn't divorce as at the time we both hoped things would change and might get back together but its looking like that's not going to happen.

My father is elderly and on his own, he has left his entire estate to me in his will. I hadn't thought much about it until recently we were having a discussion and he said what would happen if he died and I was still married?

Would my fathers entire estate come to me as sole beneficiary or would my husband be entitled to half of it? Obviously any joint assets would be split but what is the situation with inheritance? I presume if I got divorced before my father died then his estate wouldn't be included in the divorce settlement.

I appreciate this is more of a legal question but I just wondered if anyone had been through a similar situation.

Should be ring ended in divorce proceedings but get the divorce sorted asap to keep things simple.

You need to divorce to be absolutely sure your inheritance is protected but generally in these circumstances you would not be expected to share any of it with him.

Am not a lawyer but have been in this situation and taken advice from one. Also a friend inherited while she was separated and divorce was mid process and she has not had to share anything.

That's great thankyou I will be getting some legal advice but if it can be ring fenced that's good to know

Thanks for your help, I'm hoping of course the divorce happens before it becomes a problem, more for my fathers peace of mind really.

Just one more thing, I cant imagine it but are there any circumstances where inheritance can be taken into consideration after a divorce?

Can you look at putting any inheritance into a trust? You really need to get good financial advice.

You need legal advice because how inheritance is treated in marriage is different in England and Scotland.

The safest thing to do in both circumstances is to be divorced.

What does your father want to happen, he needs legal advice to make sure his will reflects his wishes if you are divorced or not and if you pre decease him.

I got divorced last year. I had an inheritance while I was married and I shared it so it was deemed a shared asset. My solicitor said if I hadn’t shared it, he wouldn’t have been entitled to it.
I agree you should start divorce proceedings ASAP. You can agree to a ‘clean break’ with the divorce which means your finances are separated and neither has claim over each other’s finances going forwards.

You need to get a financial order in place ASAP to avoid all doubt.

You need to make sure you get a financial order sorted as well as the divorce process. This is the 'clean break' mentioned above and ensures you don't have any claim over each other's finances going forwards. A solicitor will be able to sort it for you- mine was really good and explained the importance. NB not a lawyer, just have been through a divorce!

I don’t know legally, but recently someone I know changed their will until his daughter was divorced in case they died prior to it being finalised. He put her inheritance into a trust, then changed it back after the divorce was finalised.

Get a clean break divorce

Absolutely, Ops father could put the inheritance in a immediate post death interest trust with the OP as life beneficiary and terms that the trust could be liquidated in the future if certain conditions are met.

You need 2 things, a divorce AND a financial order.

Why would you want to risk it?

The very obvious solution is to get divorced.

With respect, I can't believe your naivety and non-action.

Inheritance is not usually a shared asset

Agree, you need to get the divorce and the financial settlement sorted asap.

Where do you live? Rules differ between England and Scotland.

In England : A house is a marital asset, no matter who is on the deeds. Inheritance also has to be shared.

In Scotland : A house is not a marital asset if in one persons name, and if it was bought before the marriage. Inheritance is not shared.

My friend is dealing with this very issue right now.

1. Get divorced starting the process today.
2. Get father to put your inheritance in trust, to be paid out after you have divorced, or immediately in the event that you are divorced when he dies. (get advice on the legality/feasibility of this from a good divorce lawyer)
3. Ensure financial settlement is in place along with the divorce

Would your husband contest the financial settlement knowing an inheritance is either yours or coming your way? Again get the best legal advice you can to find out your best approach if he does/can.

IANAL, but those are the things I would do straight away. Like today.

There are a lot of variables. For example, your STBXH might become disabled, requiring additional support.

You need to get proper legal advice and get that divorce petition issued asap.

In England, you can get what's called a separation order which enshrines your financial agreement and is binding. I did that pre divorce with my ex as we wanted to wait for 2 years so didn't have to give reasons.

It's essential that your father gets sound legal advice, immediately. Go with him and make an appointment with a divorce specialist while you're there.
(FWIW, my exh had an inheritance and it counted as part of the assets but slightly different situation to you.)

Make sure you get your financial order in place before the Decree Absolute is issued otherwise your husband may be able to make a claim. My solicitor told me she had seen women desperate to be divorced who didn't sort the FO before the DA and ended up having to pay their ex half of an inheritance or bonus or something. Its wicked!

This happened to my mum

Her inheritance from her mum was kept in trust until either my dad died or they divorced.

He died last year so she got her inheritance.