Inheritance and separation

[KensingtonStation]

H and I are currently separated for nearly a year and not likely to reconcile although i would like to, but divorce not being discussed at this point for various reasons.

My parents are elderly, unwell and not likely to live much longer. They are wealthy. This sounds brutally mercenary, but if we remain in limbo, living apart but no financial or legal arrangements, would H have a claim that any (potentially substantial) inheritance would be a family asset?

Siblings are concerned this is playing into why H won't move forward with divorce. I think that if this was his end game, he would be more likely not to have left.

If you’re having these thoughts then surely the marriage is absolutely dead in the water??! Divorce now.

Friend was recently screwed when husband pushed through divorce when he’d been the arsehole before a death in the family. Meant she got nothing. Delightfully as he’s an arse he didn’t get much but could have been huge. Investigate financial separation and divorce and do whichever is quicker.

Tbh there's a good chance your parents may change their will if they're aware of this situation which they probably are, especially if your siblings are raising concerns. If you were mine and I thought you were potentially being taken advantage of I may leave the inheritance to a sibling to give to you as and when you were ready to accept the marriage is over and make sure your interests were protected xx

www.divorce.co.uk/your-finances/inheritance

He would be entitled to some, or like others have said, at a minimum it will impact on your entitlement to the marital assets.

When we separated my parents changed their Will so that all money originally intended for me was to go directly to my children. They changed it back once I had sorted my financial settlement.

Thanks all.

To be clear, I do not believe this is the reason he is delaying divorce. I think he is genuinely uncertain whether that is what he wants. He has not seen my parents since pre pandemic, and at that point, they were not so frail.

Both of us have 6 figure salaries, but his is a multiple of mine. Either way, neither of us is poor by any stretch, but I happen to come from a wealthy background while he does not. I have the lion's share of childcare though, as both his job and current living arrangements are not compatible with having them. It is complicated and messy. And, yes, I probably should give up and divorce him, but that is not what I want to do.

I will have a conversation with my siblings and get them to approach my parents about leaving it in a trust or somewhere that he cannot touch. They would not be happy for me to lose out on potential future security if we do not get things resolved.

I know every case is different and you definitely need independent legal advice based on your circumstances but I have just had a conversation about inheritance with a family lawyer regarding g our possible separation. I was left a property and some money some ten years ago. The cash I used to pay off joint debt and do home improvement etc which will have to be part of the marital pot now, but I have been told that the flat I have retained in my sole name won’t because it’s only in my name and it wasn’t “due to our marriage” I have it. (He’s been trying to get me to sell it for years!!) Obviously all this remains to be seen. I have also been told that I need to change my own will asap and we need to become tenants in common rather than joint tenants on the home we do own together. I get the feeling it’s a grey area. But like you I think my OH looks at me and what I potentially could inherit as his meal ticket, hence the need for proper legal advice. Good luck!

Absolutely he can argue a claim on it especially if he has evidence that you want to reconcile.

My parents wrote me out of the Will once I separated.
My share was to be divided between my dc.
Once the divorce went through I was written back in.

Definitely do something now if your parents are frail.