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Original poster

Can an ex claim inheritance when there is no financial order

9 replies

wonderings2 · 09/07/2024 16:11

I've been going round in circles googling this so if anyone can advise I'd be grateful…

DH's Nan is now very elderly and recently DH was asked to go round and sign some documents regarding her will as her solicitor has suggested both him and his Dad are appointed to manage her estate when she dies (FIL in his 80's himself)

SIL recently left her husband of 20+ years, divorced and has married her affair partner. DH asked SIL to make sure the divorce included a financial order so exBiL can't try and claim any proportion of her inheritance and she assured him everything was done.

It has since transpired that this was a lie and exBiL "didn’t sign everything" (whatever that means) and she accepted as was the only way he would agree to the divorce and she was in a hurry to remarry. She is sure that because she is now remarried he can't claim anything from her?

Obviously if she silly enough to not tie everything up properly and loses some of her inheritance that's her business but what would be the implications to DH who will be dealing with the estate, he's not experienced with these things at all exBiL - is very money grabbing (he has form for tricking money out of family members and as a couple they lost friends over money) and from a finance background so he knows his stuff. DH is worried he's going to end up involved in a lengthy legal battle he doesn’t really want any involvement in.

OP posts:
Bettyscakes · 09/07/2024 16:15

Surely DH just deals with the wishes of the will and it’s up to ex bil to claim from sil. I don’t know why he would be making a direct claim.

Also is nan still alive? It’s a bit premature to be worrying so much if so.

Sugarsnapper · 09/07/2024 16:15

A colleague of mine divorced about 20 years ago but never sorted the financials. They sold the house and split the proceeds and went their own way. Ten years ago my colleague’s mum died and her ex husband did come after her inheritance. They settled it between themselves before it got to solicitors, but yes she paid him several thousand.

CandidHedgehog · 09/07/2024 16:16

My understanding is that if there is no financial order, the ex can claim unless he has remarried.

I wouldn’t think it has anything to do with your DH. He needs to give his sister her share and her ex then claims against her.

Original poster
wonderings2 · 09/07/2024 16:23

Oh okay thank you, so it looks like it will be for SiL and ExBiL to sort out between themselves, that makes sense.

No, she's alive, I know its in bad taste to talk about it before she dies but it was prompted by her getting the solicitor to make sure everything is in place, she has expressed herself that she would be upset if exBiL were to claim any of her money.
She's pretty well and I hope she's around for a while yet but she turns 103 in a couple of weeks so that along with the solicitors visit got us thinking.

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Original poster
wonderings2 · 09/07/2024 16:26

Sugarsnapper · 09/07/2024 16:15

A colleague of mine divorced about 20 years ago but never sorted the financials. They sold the house and split the proceeds and went their own way. Ten years ago my colleague’s mum died and her ex husband did come after her inheritance. They settled it between themselves before it got to solicitors, but yes she paid him several thousand.

Thats terrible, especially after all that time apart. 😳

OP posts:
turkeymuffin · 09/07/2024 16:26

wonderings2 · 09/07/2024 16:23

Oh okay thank you, so it looks like it will be for SiL and ExBiL to sort out between themselves, that makes sense.

No, she's alive, I know its in bad taste to talk about it before she dies but it was prompted by her getting the solicitor to make sure everything is in place, she has expressed herself that she would be upset if exBiL were to claim any of her money.
She's pretty well and I hope she's around for a while yet but she turns 103 in a couple of weeks so that along with the solicitors visit got us thinking.

The executors of the will have to divide the estate at is says they should.

So money goes to SIL & others.

That's the end of the input from executors.

If ex BIL tries to claim money from the SIL that's her problem to deal with.

Original poster
wonderings2 · 09/07/2024 16:30

turkeymuffin · 09/07/2024 16:26

The executors of the will have to divide the estate at is says they should.

So money goes to SIL & others.

That's the end of the input from executors.

If ex BIL tries to claim money from the SIL that's her problem to deal with.

Show quote history

Thank you very much, thats reassuring.

OP posts:
ItsFuckingBoringFeedingEveryoneUntilYouDie · 09/07/2024 16:31

A decent solicitor should be able to argue that the inheritance was received after the marriage ended, and was therefore never a marital asset. But, that is up to your SIL to handle, not your H.

Original poster
wonderings2 · 09/07/2024 16:34

ItsFuckingBoringFeedingEveryoneUntilYouDie · 09/07/2024 16:31

A decent solicitor should be able to argue that the inheritance was received after the marriage ended, and was therefore never a marital asset. But, that is up to your SIL to handle, not your H.

That's great thank you, tbh as long as he doesn't have to deal with it they can sort it out between themselves but good to know.

Also I love your username, Im just trying to talk myself into making dinner 😂

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