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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Separation, Divorce, Wills and Inheritance - a ‘parting gift’ from my mother-in-law

25 replies

ThatShip · 28/01/2019 21:47

I’ve been married to my husband for 20 years but separated for 15 of them with one child from that marriage, and I have another from a subsequent relationship. When we separated we sold the family home and just split the equity roughly down the middle. He’s been a brilliant father and paid monthly child support. I’ve never asked him for anything other than his child support unless there has been an exceptional expense, eg. recently we have split the cost of driving lessons for our child, but i’ve also reciprocated our very amicable arrangement with things like by gifting him my 5 year car rather than trade it in when his was due for the scrap heap. He’s also been a brilliant friend, as I hope I have too, and we remain close friends and co-parents. In the early years of our separation we would holiday together, and we’ve spent Christmases etc together, and will often go for dinner or days our together with both children. We’d both been quite happy with our separation and had discussed the benefits of pensions and in death service in the event of our deaths, and he had assured me that he would not separate the children if this was to happen (my younger child’s father is not with us). Just to be clear he is actually retiring in a few months and I don’t wish to make any claim on this pension now but we were both happy to know that the other one would be more comfortable in the event of the other’s death as we would each be entitled to a spousal pension.
I also (so I thought) continued to be a good friend to the extended family often running errands for his elderly mother, we’d chat on the phone and things were amicable all round. Or so I thought. His mother died last year and he was due to inherit and had mentioned his plans to buy a new house, he’d asked me to keep my eyes open for something suitable. But then seemed reluctant to view anything, saying he hadn’t got his ineritance yet although everyone else had. My older child has by now received his inheritance, and so I asked him why his Dad hasn’t and I’ve discovered he is fairly sure there is a clause in her will, that says he cannot inherit unless he divorces me. Does anyone have any experience of this? Of course I don’t want to create any problems for him in claiming his inheritance but nor was I planning to get divorced for the reasons I’ve just mentioned. I’m guessing due to the amount of time that has elapsed he’s not wanted to raise this but the conversation will have to be had at some point of this is the case.

OP posts:
category12 · 28/01/2019 21:53

I'd get divorced then. The benefits of staying married don't really compare with him having the opportunity to buy a house, do they?

category12 · 28/01/2019 21:55

It may not be that your MIL was against you, but wanted him to move his life on?

Maelstrop · 28/01/2019 21:56

It sounds like you two get on fabulously so an amicable divorce won't hurt this and if it allows him to inherit, then why not? I would broach this with your ex to see what the will actually says. Is the estate held in trust for your dc if you don't divorce?

ThatShip · 28/01/2019 21:57

No, you’re right. I certainly wouldn’t want to stand in his way. I did wonder if it was possible to avoid it, but knowing his Mum as I did I’m guessing she would have taken guidance on this.

OP posts:
ThatShip · 28/01/2019 21:59

I don’t honestly know. It’s my teenager that has been the source of information. I suppose before i get my knickers in a twist I need the accurate information.

OP posts:
PotteringAlong · 28/01/2019 21:59

You could get divorced and then get remarried?

Anonymumtum · 28/01/2019 21:59

It’s a long time since I studied but I have a feeling that a clause requiring a divorce would be void.

ThatShip · 28/01/2019 22:02

The thought had also crossed my mind. But I suspect he’d think I’d lost mine if I suggested that 😀

OP posts:
limpbizkit · 28/01/2019 22:03

Can I just ask why you aren't divorced? If you're separated I don't understand why you need to remain married?

BlingLoving · 28/01/2019 22:03

I don't understand why you wouldn't just ask him. You have a good relationship, and you can legitimately say that DC had mentioned something and you weren't sure what the issue was but wanted to talk it through because of course you want to help him?

Butterymuffin · 28/01/2019 22:06

Would you want to remarry him OP? And do you think he would want to?

ThatShip · 28/01/2019 22:07

The issue has only been revealed today. I’ve racked my brains trying to see if he’s alluded to it but fairly sure he hasn’t. Men are funny creatures, I’m unsure why he hasn’t. And yes, we will definitely need to have that chat.

OP posts:
ThatShip · 28/01/2019 22:13

:-) Although that would be a way round it, it would seem a bit much (even by my standards) to be stood up there saying all those vows after 15 years of separation. No, I think I’ll have to finally get a divorce. Pesky MIL!

OP posts:
AdaColeman · 28/01/2019 22:15

You can order a copy of the will on line from The Probate Department. It will be sent via down load, and only costs a few pounds.
Be wary though that there are some companies that offer this service but are more costly of course. So go via the Government information website.

I've never head of divorce being a condition for inheritance, seems so strange.

GloomyMonday · 28/01/2019 22:18

I doubt it's a condition of the inheritance. More like he's taking guidance on whether you can claim a % as you're still legally married.

ChristmasFlary · 28/01/2019 22:24

Completely nothing to do with the question but if you get in so well etc, why did you split up? It sounds like you both still love each other.

ThatShip · 28/01/2019 22:28

Because he was bloody impossible to live with! :-)

OP posts:
ThatShip · 28/01/2019 22:30

Thanks for this. Just found the page.

OP posts:
wafflyversatile · 28/01/2019 22:36

You can still benefit from each others pensions etc if you are not married. Just speak to him. The divorce should be quick and cheap.

Beansandcoffee · 28/01/2019 22:42

JUst download the will from .gov.uk and then you can see for yourself what it says. I’m my MIL’s will it stated that I was to receive nothing as her son was paying adequate mtnce for the kids - we were separated at the time of her death.

7salmonswimming · 28/01/2019 22:46

She probably was trying to ensure that if he died before you, the money he leaves to you doesn’t go to your second child. She wants her money to go to her son and her grandchild only.

LadyLapsang · 28/01/2019 22:53

Perhaps it is possible to get a deed of variation if everyone agrees. I suppose she was worried he could inherit and then may lose 50% if you subsequently divorce. Have you / will you inherit?

ThatShip · 28/01/2019 23:00

I’m sure that’s exactly what it is, and I can understand why should want to protect their inheritance. I think it just came as a shock to learn about it, but when I put myself in her shoes I can see that I would want to be doubly sure my children were the ones that it benefited. It was very unexpected to have the news, of what will be my impending divorce, thrust on me so suddenly!

OP posts:
ThatShip · 28/01/2019 23:01

Ah! I wondered if something like this may exist. I’ll have a look. Thank you. And yes, I suppose that one day I’ll inherit too.

OP posts:
Kaleela · 29/01/2019 04:28

Surely it's because you could claim half of it in your potential divorce? So maybe her thought process was you deciding 'Ex is getting an inheritance, I could divorce him and get half of it'? It could be as simple as the lawyer suggesting it after hearing your situation frim MIL

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