Can my ex grab my inheritance?

MichMoor · 28 January 2013 at 7:22AM

Hello All,

Do not know if this is the right board but seemed the closest to my enquiry.

Unfortunately my father passed away suddenly last week, he did not leave a will so after the legal mess the estate will be shared with my sisters, do not think inheritance tax will apply.

However I am concerned my ex may try to make a claim. We split in June 2010 she left me for another man and left me with most of the debt, have been paying it off. We agreed to wait for the 2 year seperation rule and the divorce was finalised in October 2012, no solicitors was involved, straight divorce.

I am concerned because I have heard stories of ex's claiming inheritance even after divorce, there are no children involved.

Thanks in advance.

margaretclare · 28 January 2013 at 10:25AM

No solicitor was involved....if you had involved a solicitor it is likely that he/she would have pointed out the advantage of having a 'clean break' agreement.

In a 'clean break' divorce neither party can come back to the other in the future, whether inheritance, a lottery win, whatever. You didn't have that. You might think it worthwhile to take legal advice now.

MichMoor · 28 January 2013 at 11:06AM

We did agree the finances before divorce, though nothing was written down but I do have a email saying she agreed the finances ie she agreed to pay some and got to pay the most.

margaretclare · 28 January 2013 at 11:13AM

MichMoor wrote: »

We did agree the finances before divorce, though nothing was written down but I do have a email saying she agreed the finances ie she agreed to pay some and got to pay the most.

Not sure if that covers what's meant by 'clean break'. Have a look at this: http://www.clean-break.co.uk/?gclid=CKGOtNnnirUCFe3KtAod8RIAPw

The idea of a 'clean break' is not only about future lottery wins, inheritances etc but also that the ex-wife can't come back repeatedly and ask for increase of maintenance.

Or this: http://www.darlingtons.com/site/srvindividuals/srvdivorceandfamilylaw/divorce_financial_settlements/clean_break_divorce/

MichMoor · 28 January 2013 at 11:24AM

Thanks for the above, I cannot change whats been done and probably should take advice although I friend who is more knowledgable about my entire situation (only so much you can put in a post) and knows this area thinks I should be ok, but I probably should take advice so I know where I stand.
To be honest I do not think she would make a claim even if she could.

atush · 28 January 2013 at 2:03PM

Given the death occurred after the divorce, and the fact that you paid a higher proportion of the debt incurred, I would think you will be OK as I can't see a judge ruling against you. But court will cost you either way.

But how will she know about the inheritance unless you tell her?

I agree, seek advice.

MichMoor · 28 January 2013 at 3:05PM

I do not intend to tell her however it is possible someone could tell her but she is a professional woman who earns more than me so she could not claim she needs anything for maintenance etc from me.
Thanks again.

xylophone · 28 January 2013 at 3:08PM

Given the death occurred after the divorce, and the fact that you paid a higher proportion of the debt incurred, I would think you will be OK as I can't see a judge ruling against you. But court will cost you either way.

I know of two cases where an asset share was sought after divorce but where one of the parties subsequently lost the surviving parent - unfortunately, I don't know the outcome!

I only heard about the first case because the parent's house was being sold and the sale held up because of the ex-spouse's claim - the sale did eventually go through but on what terms I know not.

In the other case I happened to run into one of the divorced parties who mentioned that this was being attempted - heard no more after that.

atush · 28 January 2013 at 9:53PM

MichMoor wrote: »

I do not intend to tell her however it is possible someone could tell her but she is a professional woman who earns more than me so she could not claim she needs anything for maintenance etc from me.
Thanks again.

What "someone" would tell her? If she has gone on to a new man, surely you don't associate with the same crowd? Do you have to tell the crowd or anyone?

Can't see if she earns more than you, and left you with debt, that any judge would order you to share an inheritance after the divorce. I could see this happening if you earner more than she, and left her in debt after divorce.

Get legal advice as advised here, and if you can't find a solicitor who will agree a free initial consultation, seek advice from the CAB.

NAR · 28 January 2013 at 11:03PM

MichMoor wrote: »

We did agree the finances before divorce, though nothing was written down but I do have a email saying she agreed the finances ie she agreed to pay some and got to pay the most.

First of all sorry for your loss.

I doubt any court will say this constitutes a Financial Consent Order and certainly not a clean break settlement.

So IMHO she will be able to claim part of the inheritance, cruel as that may seem. And as it is only a very short time after divorce she will probably be entitled 50% of your share. Just keep fingers crossed she does not find out.

MichMoor · 28 January 2013 at 11:45PM

None of my friends would tell her, but it is possible she could see it in an orbituary in the paper, though she does live away from here so fingers crossed.

To be honest I do not think she would try to claim, but will seek advice.

Can my ex grab my inheritance?

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