When Does Debt Become Uncollectible?

Dancing_Shoes

plimsoll wrote: »

actually I'm not sure that's completely true. If there is a financial settlement made (&ratified by court) as part of the divorce then ex has no further financial claim in life or death other than that agreed by settlement (works both ways). If there is no financial settlement made then ex is not entitled to anything life or death if he or she remarries (that only works one way afaik, ex who hasn't remarried could still claim against one who has). If neither of the above apply then an ex can apply for a settlement to be made at any point (e.g. if hear you've won lottery/inherited money...). That's why I'm considering going for a nil settlement as ex has thus far not signed up to say I can have the amount we had verbally agreed and I may well come into a significant inheritance (depending on wills, how long grandparents live etc) whereas he has no chance (his mum has no assets & he has no living grandparents). What I don't know is whether an ex could (having no financial settlement) apply to estate after death. I'm guessing if a will has been made since divorce then ex couldn't but if intestate maybe could?

Yes spousal maintenance could mean you had a claim but this would be secondary to any current spouse and natural children. Most divorces now days are done with a clean break and if you read there is normally a section detailing about losing rights to inheritance, deceased estates etc (worded more technically than that though;)). The judge apparently would look at whether this money was needed and what the former spouses capability for earning is so very slim chance of being successful.
The natural children have the most real chance of a claim but again this depends what there is in the pot and whether the nrp has been paying and that is the maximum they would be awarded if successful.
We not only had a clean break but our pwc is married again and we don't maintain her with spousal maintenance......phew:rotfl:

Dancing_Shoes

Blob wrote: »

After the divorce/seperation you should as a matter of course make a new will, come to that it should be revied every 5 years or so. When you make your new will if you think that there is any chance of your ex or anyone elce for that matter putting in a clame on your estate, you simple put in an exclusion on that person, something like I'I here by exclude Mr or Mrs X from any part of my estate' that is all it takes.

Blob - wouldn't it be lovely if you could exclude the taxman;):rotfl: