Form E and inheritance

[CoffeeAndWifi]

I’m currently seeking a financial order against XH (already divorced but no financial stuff was sorted at the time). There is huge inequality in our financial situation in that I’m on benefits in social housing whilst he has numerous properties etc. I have the children living with me. I’m primarily seeking money to enable me to buy a house.

A relative has died recently and I know that I am named in the will for a small percentage. I do not know what the estate is worth and the money will not be released for a long time, I’ve no idea when.

I have the following questions:
What shall I say about this on the form or should I leave it out?
If I do mention it, what do I say about the value?
How will the court treat this information and what evidence will I be required to provide? Will I be able to request a copy of the will and valuation from the executor or solicitor? Also, to what extent will this change the order?

TIA

No idea on the legal side but I wouldn’t disclose that until it is official. Your ex is awful treating his children like that, if you are already divorced I don’t think the inheritance can be included as parts of assets during marriage.
Hopefully someone with legal training can answer I hope your situation improves soon and sorry for the loss of your relative.

You have a duty to give full disclosure - that includes the fact the inheritance is on its way, and what you know about its likely value. If you don't do this any order or agreement may be set aside.

Thank you SheRa. Unfortunately, this is just the tip of the iceberg. He is very money orientated and will do anything to stop me getting a share, even if that benefits his children.

@Collaborate, I don’t know anything about the value. How would I find out? Form E is due to be submitted in a matter of days. Do I need to declare it even if it will not be received for over a year? Will it reduce the amount I am awarded? I have reason to believe that XH will hide assets from the court but as I’m not represented, I don’t know how I will prove any of this.

You must declare it. No doubt about that. Even if you don't know how much it is worth you need to say what you know - eg "Aunt Maud died and I am due to receive 5% of her estate. I don't know how much is in the estate but I know she owned her house and some shares. I am trying to find out as much as I can from the executors.

You include it in para 2.14 of the Form E. It even says in that para that you should include:

Trust interests (including interests under a discretionary trust), stating your estimate of the value of the interest and when it is likely to become realisable. If you say it will never be realisable, or has no value, give your reasons
• Any asset that is likely to be received in the foreseeable future
• Any asset held on your behalf by a third party
• Any asset not disclosed elsewhere on this form even if held outside England and Wales

Agree with Collaborate. If you don't give full and frank disclosure, any order you receive on the back of that incomplete disclosure can be set aside.

Ask the executors if they've filled in the tax form for probate yet; that will give a reasonable idea of the value of the estate.

My relative died about a month ago following a shortish illness but it was more sudden than expected. I spoke to them shortly before they died and that’s when they said they were leaving me something in the will.

I’ve no idea how long these things take or what documentation the court will expect.

I’m annoyed that it will be taken into account because without going in to details, it was not my fault that this wasn’t sorted 6 years ago like it should have been. Lots has changed in that time, for example, I have been dilligent and got myself debt free whereas I know XH will have blown some of the assets and won’t have been sensible. He’s benefitted from the assets over these years while we’ve struggled and had to rely on benefits and food banks.

I know this is irrelevant but part of me doing this is restore some fairness but I feel that fairness should extend to the last few years.

Nothing to stop you still using those arguments. The thing you can't do is ask the judge to pretend your inheritance isn't coming your way. Let's say you wanted to get more than half of the assets because you need it. If you're about to inherit £50k your need is no longer as great as it was.

He has no claim for a share of your inheritance on sharing principles.

@Collaborate. I only really want enough to purchase a house, he can keep the rest. Many of his assets aren’t realisable due to joint ownership. So we’re only talking about the marital property and perhaps his pension.

The main problem is that it was a short marriage but we’ve been together 10 years. There wasn’t continuous cohabitation because he would constantly kick me out, another time we lived separately to get the children into a good school. We continued to behave as a couple during those periods however. He would come most nights for his dinner, I was even doing his washing for him (I’m a mug!) and was giving him money when he was jobless or skint (proper mug!). So there was only around two years continuous cohabitation.

What evidence will the court likely request around this inheritance? Will it hold things up significantly? I’m desperate to move. My son has a disability and it’s getting more and more difficult to cope with in our very cramped home and he needs a room of his own. I don’t want this to drag on.

If you are in Scotland / got divorced in Scotland inheritance does NOT form part of the martial pot but only in Scotland as they have different rules. (Not sure about Northern Ireland, but in the case of England and Wales it does form part of the pot.)

So like others have said you declare that you have a inheritance coming (aka the % from such and such estate but yet to find out actual sum).

I’m in England.

To be fair, some of the marital assets were acquired using his inheritance.

So I spoke to the executor (my uncle) and turns out my great aunt was a secret millionaire I knew she had a house worth quite a bit but her other assets were substantial. She lived a very modest life so I had no idea and it’s not the kind of thing you ask about. My uncle says my small share will be in the region of £100k. I’m very surprised by this! The full value won’t be known until the valuation is done for inheritance tax purposes but that is all being prepared.

I would estimate my needs for a house will be in the region of £150 - £180k. How do courts decide what value to place on your home needs? There are properties that go for around £100k but I would say they are too small and similar to what we are in now.

The marital home is worth around £150k. It should be substantially more but having driven past and from info from the children, it seems he has let the state of repair deteriorate. Will this be taken into account?

I know I should seek proper legal advice but I really can’t afford it. XH is already ignoring my requests to sort out exchange of form e. He’s going to make this so difficult for me.

Inherited assets are non-matrimonial. The most important thing is to keep all money completely separate in another account until you have sorted a financial settlement. It might affect your need but surely the law is 50:50 when it comes to marital assets - or so my layabout ex tells me! Let’s hope he doesn’t come after your aunt’s money. Marriage is the worst financial decision a woman could make.

but surely the law is 50:50 when it comes to marital assets

No. It is a discretionary system balancing need and entitlement, although need trumps entitlement more often than not.

("Marriage is the worst financial decision a woman could make." Where women earn less than men and have fewer assets than men marriage is often a good financial decision for them)

@xenia Not all women earn less than men. The system was designed for the Middle Ages. It is a bad deal for modern working mothers left with the children to support.

The system was designed for the Middle Ages. It is a bad deal for modern working mothers left with the children to support

I disagree. Courts are recognizing how times have changed and Laws are updated accordingly. If Wife was the higher earner then settlements will reflect that in the same manner as if husband was the higher earner.

Even if husband is the lower earner he will still be required to pay child maintenance to the ex wife if she is main carer. However, if there is large difference between earnings then Ex husband may be able to apply for Spousal Maintenance which could offset CM?

Based on the numerous posts made by Notbeingrobbed sounds like they are one of the

"I want my cake and to eat it at same time"

Brigade.