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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Divorce and deed of variation in will

11 replies

ocdworry · 30/07/2019 02:04

Hello - I’m hoping to get some advice please. My sister and I have suffered a bereavement as our mother passed away a few months ago. Her will left her assets to us. My sister is going to start divorce proceedings. She and her husband have no children and have roughly equal assets but once she inherits assets from our mother’s estate she will have more than him. We have been thinking about a deed of variation for our mother’s will as she did not leave anything to my children but she was not able to change her will in the last years of her life due to illness. We are not clear what effect (if any) a deed of variation would have on my sister’s financial position with regard to her divorce. Would it be the case that, as she inherits less, this can have an effect on her divorce settlement? Or would the deed of variation possibly be disregarded with respect to the divorce proceedings since it would benefit my sister financially to the detriment of her husband? Any advice would be appreciated. Thank you.

OP posts:
PicsInRed · 30/07/2019 07:51

It would likely be seen as disposing of assets as it's not your mother doing it, but your sister, herself. Your sister's best chance is engaging an excellent solicitor and probably a barrister for court. She should do this immediately.

NuttyOrNice · 30/07/2019 08:38

I agree that you should get proper legal advice.

ocdworry · 30/07/2019 08:59

Thank you very much for your replies.

OP posts:
stucknoue · 30/07/2019 09:10

It depends on how "messy" the divorce is. If it's a mutual decision to split and they aren't hard up, her ex can ignore the inheritance. If it's likely to get very messy then it could be an issue

NotBeingRobbed · 30/07/2019 12:42

As long as your sister doesn’t touch the inheritance right now (and when she does keeps it in an entirely separate account from marital funds) then this is a non-marital asset. She might need to use it to pay off her ex. Does she want to give money to your children?

SeaEagle21 · 30/07/2019 13:04

I'd agree with PP - your sister needs a good lawyer, since your mother has died during your sister's marriage and this inheritance can be seen as part of her assets, even if she hasn't actually got it yet. Making a deed of variation may not help, if her husband wants to make an issue of it . The most agreeable husband can change, when a large amount of money comes into the picture.

PicsInRed · 30/07/2019 13:13

Not nessarily in England/Wales, NBR.
She would need to win the arguments before a judge - if it came to that.

NotBeingRobbed · 30/07/2019 13:16

How is her mother’s money now his? That is theft.

MindfulBear · 30/07/2019 13:36

Sorry to hear about the divorce and your mother's Death. What a lot to deal with!
A good family lawyer will help get this right.
TBH these are not assets of the marriage so should be ignored. However the husband might get difficult.
If she hasn't touched her inheritance yet then I don't see why this should form part of her estate for divorce proceedings.

To get a deed of variation requires a court order but they are a normal part of family inheritance / wealth planning so should not be a problem. Particularly if your sister agrees to it!

ChicCroissant · 30/07/2019 13:41

Sorry for your loss, OP. I would get some legal advice for this situation.

ocdworry · 30/07/2019 23:33

Thank you so much to all of you for taking the time to post these replies. Flowers

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