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.

An inheritance can be ring fenced if it is never used in pursuit of the marriage. However whilst it is not considered a marital asset it will be considered as a personal asset. This means that in some circumstances it may reduce your need for marital asset share. This applies where the asset pool is small and needs are high.

it is usually always better to get divorced asap and not let things drift. Assets can accrue and needs can change. Unless there is a benefit of this to you don’t wait. Otherwise you are financially tied and this impacts on many many things.

Just get divorced. Why wouldn't you?

Does anybody have experience of an ex spouse coming back for inheritance after a clean break? The beneficiary in this case did not know they were a beneficiary until the testator died. The ex spouse claims the beneficiary must have known they stood to inherit. The beneficiary was not a descendant of the testator.

The key advice is to get legal support and full knowledge. I had this happen in my case some years ago. it turned on if the assets had been shared. Generally if the assets have been held separately then they are not marital assets they would not be included in the settlement. However my lawyer did note that where one party has less assets than the other- for example where one party has stayed at home raising children, then this is not always the case.

Oh what was the back story to this if you don't mind sharing?

Did your gran just hate your dad or was he a bad 'un?

Sorry for your loss by the way.

Get legal advice.
Could your df change his will so that part of it goes to dc if you have them?

If there is enough in the marital pot to meet the reasonable needs (housing needs in particular) of both of you you will likely get to keep your inheritance. If there is not enough to meet the needs of both of you then the inheritance might be needed to “top up” his share. But there is no guarantee about what will happen. The only way to absolutely be sure is to reach a financial settlement now. Either by way of a separation agreement or a divorce and consent order.

If he dies when you're still married he will be entitled to 50 per cent. Legally, marriage creates a single financial entity of two people however you choose to manage it between yourselves.

If you want to get out, get out now.

Get divorced!!

Another one here who isn't a solicitor but had the same advice from mine:

Inheritance isn't usually considered a marital asset unless it's already been shared in a joint pot, or the assets already held by the couple aren't sufficient to provide them both with a decent life when shared

Clearly the first won't apply to you, but on the second you'd do well to get this sorted while your father's still alive so there's no chance of it becoming an issue

And in law, "we're both single in every respect apart from the fact we are still married" makes no sense; you're either married or you're not, and while formal separation's a thing you really do need that divorce

Typo

Just do a simple divorce without his input assuming 50/50 split of existing marital assets if they haven’t been split already. You don’t even need his approval. That way the inheritance is all yours.

This...Many people don't bother or forget this part of a divorce.
Getting the final financial settlement should put a stop to either of you gaining from any monies/inheritance once those ties have been settled.

When you speak to a solicitor, I think that pre-divorce proceedings, you can sign a sort of immediate document stating you're separting with the intention to divorce and any subsequent assets or debts accrued by either of you are excluded from the divorce.

One of the specific terms of my divorce was that we would both renounce any claim on any future inheritance that the other might receive. So I would definitely press ahead with getting a divorce in your situation.

The only way you can guarantee that your ex-partner doesn’t try to make financial claims against you in future is to get a court order.

The court order must set out the financial arrangements and state that there is to be a clean break.
https://www.moneyhelper.org.uk/en/family-and-care/divorce-and-separation/clean-break-or-spousal-maintenance-after-divorce-or-dissolution

Inheritance can be considered part of your assets in a divorce. My parents had died, my ex wife's (far richer) parents had not, and my ex wife wanted the inheritance to be part of the "shared pot". Terrifyingly, Different solicitors said different things about these assets. In my case, the house that my parents had lived in was not treated as an asset because my brother had occupied it since they had died. However the money that they had left was treated as a joint asset as it had been moved to my bank account. Go figure.

Thank you 😊

Dad was bad with money to the extent we had to move to another country in my childhood and had form for telling some pretty bad lies to get money.

He wasn't a nasty man per se. Just rather reckless and mentally not brilliant. I loved him to bits in spite of the obvious flaws.Without wanting to out myself too much 😂

If it is given only to you, all assets are in your name only, any money in a sole bank account, (and especially if you are clearly living separate financial lives) then the inheritance should be considered just yours. But until you have a financial order in place (divorce alone not sufficient) you can’t be 100% sure.

I don’t know if it would affect any maintenance arrangement but maybe that’s independent of divorce anyway since the arrangement can be updated with changed circumstances after divorce.

If you put any money or assets in joint names or use for joint benefit then that amount becomes part of the marriage pot and will be split.

Why are you dragging your feet on this, just get divorced?

You and your father both need to get decent legal advice

Yes it can effect the split of assets. Generally it will be left if there are enough assets in the marriage that can be split and provide a decent standard of living for both parties. If this isn't the case the inheritance can be considered. The inheriting party may be seen to be in a better financial position and so more of the shared assets go to the other party.

Devorce asap, in the meantime time df buts inheritance in a trust that protects it until devorce AND financial order done.