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Original poster

Can future inheritance be included in final finances

46 replies

lickencivers · 06/02/2019 15:07

Ex H wants me to disclose the wills of my deceased GPs and of my very well and active parents, he hasn't disclosed his. Am I required to do so?

Solicitor says not but ex won't stop asked for them. Says I'm lying to the court if I don't submit them.

OP posts:
Ffsnosexallowed · 06/02/2019 15:09

Just say your parents don't have wills? How would he know about them? I'm fact how would you know about them?? Does he think that your gps have left you money you're not declaring??

Paddy1234 · 06/02/2019 15:10

Also your parents could write a will excluding you and also change it back when divorced. So they mean nothing

HollowTalk · 06/02/2019 15:11

No way. And he's incredibly grabby to ask for this.

Snapsnapsnap · 06/02/2019 15:11

Pretty sure he's talking bollocks. Hope someone with a more legal perspective will help.

shouldwestayorshouldwego · 06/02/2019 15:12

They might need long term care and there might be nothing to inherit, they could disinherit you tomorrow, they could go bankrupt, so I can't see it being relevant.

SeaToSki · 06/02/2019 15:12

I would believe your solicitor before the man that you distrust/dislike enough to be divorcing. You are paying for professional advice, so listen to it

Snapsnapsnap · 06/02/2019 15:13

Also your parents are under absolutely no obligation to disclose their wills to you, and there's no way to know what their estate will be worth by the time they do die anyway.

Andtheskyisgrey · 06/02/2019 15:13

Shock it does not matter what a will might say now, they can be changed any time or the ‘inheritance’ be spent on care fees etc.

Andtheskyisgrey · 06/02/2019 15:15

In fact, I might be asking my parents to temporarily write a will excluding me until the divorce was finalised. Show him that. Then change it back.

over50andfab · 06/02/2019 15:17

One of the better bits of advice I was given on divorce.......do not listen to what your ex tells you - and even more so if your sol tells you different.

This is not relevant at all. The only time it could possibly be relevant is if someone you might potentially inherit from is currently at death’s door.

Wills can be changed. Ignore your ex - the next time he asks for for info just say no, not relevant. No other detail needed - do not be drawn in. Rinse and repeat till he stops asking.

Original poster
lickencivers · 06/02/2019 15:18

Also meant to ask. He's accusing me of having money in trust from the sale of a family members property. He's demanding the completion document. I've never had my name on any legal paper work or any thing with that house, how can I prove a negative? I am taking my legal advice but it's costing me a fortune and I'm scared (40k so far)

OP posts:
Original poster
lickencivers · 06/02/2019 15:19

Saying no to the ex is fair enough but he's got me in court for a specific disclosure hearing to get these copies of parents will and completion statement for the house owned by a family member. I will be a LIP Because I have run out of money.

OP posts:
over50andfab · 06/02/2019 15:20

In fact, I might be asking my parents to temporarily write a will excluding me until the divorce was finalised. Show him that. Then change it back.

No don’t - waste of money and totally unnecessary

BlackAmericanoNoSugar · 06/02/2019 15:27

Is the family member that sold the house still alive and compos mentis? If so could they submit a statement to the court that you have no interest in/access to the funds from the house sale and they don't wish to submit the details of their private finances to the court as it's not relevant. If the house seller is deceased then could the executor submit a statement, or if the house has been sold to provide care then the next of kin of the house seller could submit a statement saying so.

You have no right of access to your parents' wills until they die, and even then possibly not until probate is granted. I'm not sure that a court can insist that you hand a copy over in that situation.

over50andfab · 06/02/2019 15:28

Also meant to ask. He's accusing me of having money in trust from the sale of a family members property. He's demanding the completion document. I've never had my name on any legal paper work or any thing with that house, how can I prove a negative

You don’t have to prove anything. Just provide whatever is requested by your sol - not your ex. Disclosure is all assets and 1 yr bank statements etc.

I was asked whether I’d put any funds in the DCs names.. I said no, which was true, and provided any bank statements requested.

Original poster
lickencivers · 06/02/2019 15:30

@BlackAmericanoNoSugar family member still alive. House was sold to another party. Nothing connected to me at all. No money come to me at all.

I just don't understand how he has got the court time for a hearing to be listed - when he's requesting stuff that isn't admissible.

OP posts:
GoldenEvilHoor · 06/02/2019 15:30

This reply has been withdrawn

Message from MNHQ: This post has been withdrawn

Original poster
lickencivers · 06/02/2019 15:32

@over50andfab thank you. He has delayed these hearings by over a year and run up my costs to the extreme whilst being a LIP due to his job (he's a solicitor himself) I will have to represent myself for this next hearing and the final one as spent all my money on previous council fees for hearings that were cancelled and adjourned with 4 or 5 days notice and then final fees had already been paid. Sick to death of it.

OP posts:
Andtheskyisgrey · 06/02/2019 15:32

over50 it wasn’t intended to be an entirely serious suggestion. Clearly it would be full of risk as an idea. The cost is not the issue, we have just done wills for about £100 which I would consider a worthwhile investment to piss off an arse of an ex.

over50andfab · 06/02/2019 15:33

Saying no to the ex is fair enough but he's got me in court for a specific disclosure hearing to get these copies of parents will and completion statement for the house owned by a family member. I will be a LIP Because I have run out of money.

OP you have had the best advice from your sol. Does your ex have a sol? Either way, go the LIP route. Learn as much as you can. Get professional advice when needed. Read and digest the MCA section 25 and sign up to wikivorce.

Original poster
lickencivers · 06/02/2019 15:33

@GoldenEvilHoor I'm sorry, WHAT ? Can you clarify a little, is this a tactic then?

OP posts:
Racecardriver · 06/02/2019 15:35
  1. No. You don’t own anything that is in the will because your parents are still alive.
  2. Please just stop talking to your ex, insist that he goes through your lawyer.
Original poster
lickencivers · 06/02/2019 15:36

@Racecardriver I'm not talking to him. I've just received papers from the court stating the details he wants and the hearing time for a specific disclosure hearing. I can't believe he's got me into court for those 2 things. Ridiculous.

OP posts:
Racecardriver · 06/02/2019 15:37

Will you solicitor consider a payment plan? Otherwise get yourself a copy of the civil procedure rules. They will really help you as a litigant in person.

Over50andfab · 06/02/2019 15:38

OP, oh god, well if he’s a sol himself then he’s totally playing you. They can be the tarries they of exes where court is concerned. Is he actually a divorce sol? I’m guessing at some point he will get his knuckles rapped (hopefully - if karma exists!)

Hopefully the judge will see the fees already racked up on your form G...or H....? I can’t remember now as I prefer to forget!