Page 2 | If a relative dies while you are separated from your spouse....

yousilvertongueddevilyou · 2023-03-03T14:51:15+00:00

...does your spouse have a claim on the inheritance left by that relative?

MrsRickAstley · 03/03/2023 20:39

Can your Dad leave it someone else & then when he's passed, it can be transferred to you ?

BluebellBlueballs · 03/03/2023 20:39

Yes . A family member was going through an acrimonious divorce and his mother temporarily disinherited him so that his ex wouldn't get her money if anything happened to her (his mum) before the divorce was finalised.

He was then put back in the will after.

(I think there was an understanding that the siblings would have given him his share at some point if his mum had died before the divorce was sorted)

RandomMess · 03/03/2023 20:41

@Whiteroomjoy read around legal divorce sites for England. Inheritance is not automatically a matrimonial asset hence stating that the op needs specialist legal advice.

Whiteroomjoy · 03/03/2023 20:55

RandomMess · 03/03/2023 20:41

@Whiteroomjoy read around legal divorce sites for England. Inheritance is not automatically a matrimonial asset hence stating that the op needs specialist legal advice.

It is normally considered a joint asset. I do know this as have been in this situation in 2021. Yes, there are some exceptions hence why you are right it is not automatic. Nothing is. Fair settlement will always take precedence as it has to by law.

besides, it is immaterial just now. Her dad isn’t dead , she might not get anything anyway

Mumof3confused · 03/03/2023 21:07

You may be able to put it into a trust to ringfence it. This might also help protect your social security benefits. So speak to a solicitor, a lot of them offer free or low cost initial advice.

LemonTT · 03/03/2023 23:46

The most likely relevance is that it will mean that you won’t need a larger share of the marital pot than him. In other words you might have gotten a higher % of assets than him to help you buy a home. But you don’t need that now.

If his needs are met with 50% of the assets then it won’t be a factor.

There’s really no value in trying to hide anything or put it into someone else’s name. It will only cause a new level of acrimony that will destroy any ability to do parent. Really not worth it for a minor risk.

OutDamnedSpot · 03/03/2023 23:52

What’s your dad’s prognosis? If he owns his house outright is he in a position to help you get divorced?

Original poster

yousilvertongueddevilyou · 05/03/2023 18:34

Abc12389 · 03/03/2023 17:24

Can you move back in with family? Will family pay for the divorce?

No
im in a social home with my child settled at school
I’ve applied for divorce now with fee waiver

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Original poster

yousilvertongueddevilyou · 05/03/2023 18:35

Mariposista · 03/03/2023 15:26

Definitely consult a solicitor to make sure this does not happen. My (estranged) father started poking about when my poorly grandfather died, even had the audacity to write to my gran to ask whether my mum had inherited anything, probably with the intention of trying to get his hands on something, despite the divorce being finalised 5 years before. Mum's solicitor soon saw him off but it was unpleasant for both her and gran.

I don’t have money for that
I’m on universal credit

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Original poster

yousilvertongueddevilyou · 05/03/2023 18:36

HowcanIhelp123 · 03/03/2023 15:48

Depends on the country and situation. Some countries no claim. In others, if both parties needs can be met without including it then it won't be included, if including it will allow needs to be met then it will. Others it goes into the pot.

It’s so weird and complicated
what needs?
hes back living with his mum
what are his needs?

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Original poster

yousilvertongueddevilyou · 05/03/2023 18:40

gogohmm · 03/03/2023 17:33

It depends on various factors include whether the separation has been legally registered, whether a it's a long marriage, did the unrelated spouse have a relationship with the deceased and the total amount of money, I got 50% of exh's inheritance but it wasn't a huge amount of money and I had continued to do my rota on the care schedule after we split, if he hadn't have given me his share his mum would have killed him!

He hated my dad
threatened him once
I’ve been to police to report coercive control

ive now applied for divorce

one year marriage until i finally couldn’t take any more
never wanted to marry

it’s mine and my daughters future this house

my ex is just evil

he’s living with his parents in heavy debt
we’re trying to get on with our lives

I want to move away with my dad to another city I’m traumatised by all this

then I can own that house and care for my dad

but ex will definitely do all he can to hurt me

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Original poster

yousilvertongueddevilyou · 05/03/2023 18:45

Whiteroomjoy · 03/03/2023 20:29

Oh, just seen the update. Your dad is still alive. Jeez, you do know that could all go in health care costs for your dad right?

if you are not going to get back together you need to divorce and to get a sealed financial order asap. Take out a loan, maybe ask your dad nicely if he has cash to loan to you to help prevent ex form getting the money, but a simple divorce and financial order (consent order) should cost you no more than £1000 if you don’t start arguing . Use ADVICENOW guides linked at top of this board by MN. You can get help with costs if on certain benefits.

Show quote history

My ex will make it as difficult as possible
I’ve applied for divorce

It’s not a normal divorce
I’ve been to police about coercive control

dad could be here decades but will die one day

dad could leave his home to someone else
he’s very upset about all this

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Original poster

yousilvertongueddevilyou · 05/03/2023 18:46

Whiteroomjoy · 03/03/2023 20:32

I should add your ex can’t make a claim on finial settlement until the estate is in probate and will known. So, he can whistle all he wants just now- courts, like me, will consider there is absolutely no guarantee your dad will leave you any money
Dad might wake up tomorrow and decide to leave it all to the donkey home and nowt to you- that’s entirely legal .

He’s already done his will
I’m his only child

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Original poster

yousilvertongueddevilyou · 05/03/2023 18:48

LemonTT · 03/03/2023 23:46

The most likely relevance is that it will mean that you won’t need a larger share of the marital pot than him. In other words you might have gotten a higher % of assets than him to help you buy a home. But you don’t need that now.

If his needs are met with 50% of the assets then it won’t be a factor.

There’s really no value in trying to hide anything or put it into someone else’s name. It will only cause a new level of acrimony that will destroy any ability to do parent. Really not worth it for a minor risk.

Neither of us have one single asset

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Original poster

yousilvertongueddevilyou · 05/03/2023 18:50

OutDamnedSpot · 03/03/2023 23:52

What’s your dad’s prognosis? If he owns his house outright is he in a position to help you get divorced?

He’s traumatised from my abusive relationship and angry about being cut off for five years

this was a sham marriage so he could abuse me and get my child

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Daffodilsandbeer · 05/03/2023 18:51

Op you’re getting some terrible advice on here . Inheritance in this scenario is usually ringfenced, so he can try, but he is highly unlikely to be able to get any of your fathers assets.

Original poster

yousilvertongueddevilyou · 05/03/2023 18:52

Daffodilsandbeer · 05/03/2023 18:51

Op you’re getting some terrible advice on here . Inheritance in this scenario is usually ringfenced, so he can try, but he is highly unlikely to be able to get any of your fathers assets.

Thank you
I can only stick my head in mud shake it about and see what sticks

i seek advice online all day every day as I can’t afford solicitors

he’s trying to ruin my life

I’ve begun divorce thankfully
now to work out what’s next

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DuvetDownn · 05/03/2023 18:56

If you got a loan to pay for the divorce how quick would the divorce take?

Original poster

yousilvertongueddevilyou · 05/03/2023 19:10

DuvetDownn · 05/03/2023 18:56

If you got a loan to pay for the divorce how quick would the divorce take?

No idea but my credit score precludes this

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LittleOwl153 · 05/03/2023 19:12

I started reading this on the basis that your dad had a short terminal diagnosis and you were expecting to inherit in the short term...

im now reading that your dad is fit and well and youre not expecting to inherit anytime soon... if thats the case they you need a divorce with a Financial clean break order. That stops him coming back at a later date - it also stops anything in terms of spousal support bit that seems unlikely anyway from what you've said.

So if you've got no assets between you, no pensions, houses, bank accounts etc then the divorce is actually simple. Divorce courts don't care about police involvement. They care about splitting assets and attempting to make sure you are both adequately housed using the assets- but as you don't have any its just paperwork. There is nothing he can do - he can't take assets you don't have!

Child / family court is where your child arrangements get sorted out. They also deal with maintenance- but only over a certain value. CMS is what you need. (Assuming the child is his of course!)

So get your divorce sorted and go from there!

OutDamnedSpot · 05/03/2023 19:13

Okay, your update suggests that your dad is not on death’s door? Maybe not even ill? So surely the answer is to push the divorce through asap, insist on a ‘clean break’ and move on?

Original poster

yousilvertongueddevilyou · 05/03/2023 19:16

LittleOwl153 · 05/03/2023 19:12

I started reading this on the basis that your dad had a short terminal diagnosis and you were expecting to inherit in the short term...

im now reading that your dad is fit and well and youre not expecting to inherit anytime soon... if thats the case they you need a divorce with a Financial clean break order. That stops him coming back at a later date - it also stops anything in terms of spousal support bit that seems unlikely anyway from what you've said.

So if you've got no assets between you, no pensions, houses, bank accounts etc then the divorce is actually simple. Divorce courts don't care about police involvement. They care about splitting assets and attempting to make sure you are both adequately housed using the assets- but as you don't have any its just paperwork. There is nothing he can do - he can't take assets you don't have!

Child / family court is where your child arrangements get sorted out. They also deal with maintenance- but only over a certain value. CMS is what you need. (Assuming the child is his of course!)

So get your divorce sorted and go from there!

Thank you for all this

that’s useful

I’ve initiated divorce now
did it online with application to waive fee

Trying to work out the next step it’s very confusing
I believe there is a step after the divorce before the final order

he has gone through family court for custody

no the child is not his

i remain in my social home

he’s back with his parents in mountains of debt from his sham wedding he coerced me into so he could do what he’s doing now

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Original poster

yousilvertongueddevilyou · 05/03/2023 19:18

OutDamnedSpot · 05/03/2023 19:13

Okay, your update suggests that your dad is not on death’s door? Maybe not even ill? So surely the answer is to push the divorce through asap, insist on a ‘clean break’ and move on?

Certainly

from what I’ve read once divorce is approved I need to wait some months to do the next step but nothing online is what I would call clear and I’m dealing with a really terrifying family court case and massive life ruining stress and panic attacks whilst keeping mum child as unscathed as I can

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Original poster

yousilvertongueddevilyou · 05/03/2023 19:18

Stupid phone

my

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oviraptor21 · 05/03/2023 19:21

Does your ex have parental responsibility for your child?