Can future inheritance be included in final finances

[lickencivers]

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.

@lickencivers asking for parents wills seems ridiculous. They could spend all their money? Lose it all? Or could go on care costs. Can't see how they can expect this to be part of a settlement

I've spent 40k and forecast another 20 to get to decree absolute. He's spent less than £500 on the child proceedings application and some expenses.

He has had 3 hearings for the finances vacated Because he hasn't filed information when requested. He had the kids one day so said he couldn't come and it was adjourned, and because he said the court clerk was biased towards me due to them being friendly with my legal firm so it was vacated again.

It will be nearly 3 years since I left and filled for divorce by the time of the final finances hearing. Prick.

Just tell the court exactly what you have said here:

(1) You do not have access to copies of your parents' wills and why would you? They are fit and healthy so even if you were to get an inheritance it is not imminent. Also as wills can be changed at whim they have no bearing on the financial settlement within the divorce.

(2) There is no paperwork etc to disclose in relation to a beneficial interest arising out of a trust of the property sold as there is no trust and there was no beneficial interest now or at any point.

Oh and by the way can I have costs on an indemnity basis in respect of this hearing because (a) stbex is a solicitor and should know these things and (b) I have told him this too.

He is wasting time and attempting to build costs to bully me.

@Over50andfab how has he even got this application into a hearing? I'm baffled.

Hi OP

We had this with DP's ex. His solicitor said very clearly that she had no right to claim on his future inheritances. Obviously check with your solicitor, but sounds like he's just trying it on.

How could you possibly have to disclose potential future inheritance?

You may very well predecease your parents - it happens!

OP I have no idea how he managed this. Normally, (unless things have changed) at the First Hearing the judge goes through both your questionnaires for further disclosure and decides what further details are needed from each side before the next hearing. Has this been done?

Somethingsmellsnice had given great advice. If he is wasting your (and cour) time needlessly and running up unnecessary costs for you, you could say you will be claiming back costs from him via court

He is legally correct.

If you had inherited the house from your grandparents, it would be a marital asset. You didn't, so all you need to do is send the probate records/a copy of the will. You can search for them online, it costs a few pounds. Or tell him to do it.

Future inheritances can be included in the settlement but there usually has to be exceptional circumstances eg it is known you are going to inherit in the near future from someone who is terminally ill or it is a very large inheritance.

This is really a nonsense. I'm not surprised he is unrepresented, as no self respecting solicitor would have issued this application.

1. Your grandparents wills will have gone through probate. they are a mater of public record. He can therefore get copies from the probate registry. I presume you don't have a copy anyway. the court should refuse his application.
2. He cannot ask the court to order you produce a copy of your parents' wills. He'd have to issue an application for 3rd party disclosure (perhaps that's what this application is?) but in any event the judge should, again, refuse the application is for the reasons posted above it is an irrelevance.

If you had inherited the house from your grandparents, it would be a marital asset

OP says the allegation is that a will gifted her an interest in a property that has since sold, and that her share of the proceeds of sale are in trust for her. None of that is a "marital asset" to be shared, if it exists.

Second what Collaborate says.

Don't forget to ask for your costs (on a Litigant in Person basis, if you are unrepresented)

www.legislation.gov.uk/uksi/1998/3132/article/48.6/made

Current litigant in person rate is £19 per hour, unless you can show greater loss (eg you are a self employed plumber earning £100per hour, then you ask for that.) You claim for your time preparing, travelling, and attending court.

Your time on this thread counts as preparation time.

www.justice.gov.uk/courts/procedure-rules/civil/rules/part-46-costs-special-cases/practice-direction-46-costs-special-cases#3.1

None of that is a "marital asset" to be shared, if it exists.

Absolutely. At most, it would be a resource available to meet OP's needs, to the extent her needs exceeded her sharing entitlement.

If he believes these things are true, the onus is on HIM to prove them, not you.

I strongly suspect the judge will give him short shrift.

Thank You for all the replies. If this is really the case then how has he got it listed for a hearing?!

Because the court staff list applications, regardless of merit. It is for the Judge to determine merit at the hearing.

So, just to be clear OP, he has got a hearing listed for 2 disclosure that HE decrees you should disclose, 1 of which doesn’t exists, and the other is irrelevant as is possibly, if at all, in the future.

Yet...you also say, He has had 3 hearings for the finances vacated Because he hasn't filed information when requested.

Ummm...requested by the judge at a previous hearing, ie non disclosure on his Form E?

This should be interesting...I do hope you mention this oversight to the judge. Think we need popcorn .

@over50andfab one vacated Because he hadn't filled his form E in time and then had knock on for the questionnaires.

One becayse a day he had the kids so said he had prior commitments

One because he alleges my law firm are cosy cosy with the court clerk and organising the hearing date without consulting him. When he's a LIP and they were speaking to chambers to find out if my brief was free as I had already had to pay them the full fee so needed to keep same person in hope of getting a reduced rate for the new hearing

So you haven’t actually had a First Hearing yet? 🤔

He is a massive bellend isn’t he! Doing his best to make you suffer and prolong things. Thing is, the more either of you spend, the less there is in the Matrimonial pot. Some people don’t care though, it’s all about control. Taking steps so they lose that control helps massively.

I spent almost 21 months or so trying to get divorced, spending money on sols and mediation - my sol even brought a barrister in at one point to advise. In the end I stood my sol down and took my ex to court as LIP. Was divorced a few months later. The final agreement was very close to my very 1st offer! The judge was great - asked when his sol would have the CO typed up (the following day) and enquired of me if I would like her to arrange the decree absolute 😀.

I especially liked the bit where, although I was the petitioner, because I was not represented, his sol had to put together the bundle 😂.

It really depends on how complex your finances are. I found reading through the MCA S25 really helpful, and also learn8ng and taking advice on how to word things properly (as in some examples above from the experts).

Had a first hearing and 2 direction hearings. Scheduled for a final hearing in 3 months time (delayed from December)

It's prudent to mention he is still in the family home as he refused to leave (dv and Ea) and I'm living in less than suitable accommodation with the kids

Well the DCs needs come before anything else.

Would also mention that you should have written into the CO that he pay maintenance if applicable for the DC till the end of their first degree if they go to uni.