Entitlement to future inheritance

[isthisevenathing]

My DB is going through a divorce. STBXW is having the house, half his pension etc, and has now decided she wants half of any future inheritance he might get! Is that even a thing? I thought once you'd agreed a settlement and were divorced, that was that. Obviously he will continue to pay maintenance for the DC (he's paying over and above the amount calculated by the CSA) but this seems ridiculous. His DF is still alive and kicking so any inheritance could be years away anyway (we are not talking mega money here, plus whatever there is could be swallowed up of he needs care etc)

This is all part of the 'deal' he or his solicitors should be doing. He must get a clean break clause in the Financial Order so she cannot come back for more. The overpayment of CSA is usually only agreed for a period of time after which he can drop back to the correct amount. Without knowing much background or approximate incomes it is hard to comment too much.

I think he earns about £35k, she works as well probably on about £20k. What's really awful is that he didn't even want the divorce, it was her decision (no adultery or anything) and he is doing everything he can to be a good dad. He isn't a weekend dad, still does his fair share of the childcare through the week while she is working and pays his way. She just seems determined to break him and I'm worried for his mental health.

The rules on inheritance are different. As long as her needs are met from marital funds (it sounds like they are) then she has no claim. Also an inheritance is clearly left to the person named in the will and not anyone else!!

Urh no.

If your dad is not dead, there is no guarantee the money will one day belong to the brother
Judges therefore can not allocate these funds....

Financial severance cost me £70.

His dad is alive! He might leave all his money to another woman or he might need nursing care. She's not offering anything in return, I assume?

Sounds like a right greedy so and so - request that the father leave any inheritance to the grand children or leave in trust?? I think trusts are subject to different divorce rule?

Is your brother entitled to 50% of any future inheritance she might get?

She is a parasite! He is YOUR dad! Not hers.

Any funds to be inherited are to be split equally between myself and my brother. I'm staggered by her behaviour to be honest, this has been dragging on for months. He's struggling to make ends meet, having to pay rent on a property etc, I would say he does 30% of the childcare due to her working hours but he's still paying way over the calculated amount as he quite rightly wants to provide for the kids. She's staying in the house until the youngest child is 18, even though she could manage with one smaller that would still meet their needs. She is determined to screw him over good and proper.

It sounds like an hours worth of legal advice might be a good investment so he knows what the law sees as fair in their situation. It sounds very much like she is saying this how it will be and he is going along with it.
If a smaller house could suit the children's needs the law may not agree that she gets to stay there till they are 18.

He has a solicitor, he has done all along. Hopefully his solicitor will do his job and she won't get her own way. Every time he thinks they are close to reaching an agreement she wants more, it's exhausting for him. Meanwhile his legal bill is growing by the day.

Just thinking outside the box,you say DF is alive but what about DM? Is this about an amount, say half of the value of the house held in trust because they owned it as tenants in common and effectively he owns a share but with no right to remain or sell? This is where I am and solicitor says it has to be counted as an asset, whereas the fact that he is an only child and parents will would give him a lot more is irrelevant...

She's being fucking greedy IMHO. There are too many people like this. Get a good solicitor.

A friend had the same issue his ex basically wanted everything plus any inheritance. Both his parents were still alive. He went to court as she wouldn’t back down.

Quite rightly she didn’t get anything regards potential inheritance as it’s not part of the marital assets.

She also in the end got less than he was prepared settle before going to court.

And yes she was the cheater

If the order does get granted. And I would be shocked if it was. Could your father and any relatives name you as sole beneficiary with the knowledge that you would split with your brother.

She is not entitled to, nor will she get, someone elses money.

i am coming to the end of my divorce. Financial Order all agreed etc. One thing i have realised is so many solicitors are 'combative'. They don't really have any interest in finishing the process quickly because they are making lots of money. Rather than tell someone 'you are extremely unlikely to get any of the inheritance' for example they are just happy to push it all the way to court incurring huge costs.

Seapoint this is my concern. His legal bill keeps on rising, she keeps making new demands, the solicitors are making more money. He has no money to pay the legal bill either so DF will end up paying it. The whole thing is a mess and she is a greedy cow. I really hope she ends up with less than he was prepared to settle for, that would serve her right!

My ex SIL got half of the estate when BIL mother died if that helps. As well as half the house, income, and pension.

When did his mother die? Before, during or after the divorce? I suppose if this ends up being agreed, DF could leave it all to me in the will (I can of course be trusted to give half to my DB at a later date!)

My xh tried this little one on our divorce. He failed. You just need to get the solicitor to write and say their is no expectation of inheritance. End of/Problem solved.

Do run around going "how dare he" for quite a while though. My Mum was brilliant in the hating my xh stage. Her vitrole made me feel less alone.

Sometimes potential inheritance can be taken in to account, eg if 1 party has no pension, their potential inheritance can be counted against the other parties pension.
However it doesn't sound like that is the case in this situation and she's going to end up costing them both too much in legal fees.
I asked XH to promise to put his future inheritance (significant to people in normal situations) into trust/protect it for DD against any future relationships he has but he refused. It's not an easy clause to ensure for the long term.

He really needs to stand firm - she is only entitled to 50 percent of the assets and only child maintenance proportionately to the amount of time she is caring for the kids. So if they split time caring for the kids 50:50!shes not entitled to any.

He should make sure they have a clean break clause.