Inheritance when separated

keith3784

Hello all,
This is my first ever post anywhere so here goes!
My very recently deceased mother has left everything to my sister and I, possibly the estate is around £180,000 including a house. We are joint executors and everything seems fairly straightforward. I have 3 grown up children and I have been separated for 5 years. I have no contact with my wife, also she has not seen the 3 children in that time. My question is - Will she be entitled to a share of my inheritance as we are still married? We separated after the children had grown up and left home so we have no financial ties whatsoever.
Any advice will be appreciated,
Thanks in advance
Keith

con_fused

Hi I went to see a solicitor the other day about divorcing my husband and from what he said it does sound as though your wife could have a claim.

My solicitor told me that I would have to have a 'Clean Break' order (or financial consent I think) in order to prevent any claims on either side in the future.

If you've been separated for 5 years you can divorce her without consent but again not sure where you stand on this money. Unless you just didn't mention it (not sure if she would possibly find out). Or maybe a solicitor could advise you on what to do with it so that she cannot touch it - keep the money in your sister's name until the divorce has gone through? Assuming you want to divorce, that is.

Sorry I couldnt be of more help

paddy's_mum

I too think that she 'could' have a claim but you need sound legal advice, not the views of internet strangers, however well intentioned.

You would certainly face punishment if you carefully didn't tell a Divorce Court judge about the inheritance and subsequently got found out. As I recall (from many years ago admittedly) there is even a specific question about the likelihood of inheriting or somehow coming into money unexpectedly within the divorce forms/paperwork.

It doesn't sound like a short marriage so I would think she has a case to make a claim of some sort, same as you could if she had the good fortune to win this weekend's lottery!

Alteratively, keep quiet, spend the money like there's no tomorrow, and hope she never gets to hear of your little windfall!

Good luck and go find a good solicitor to deal with this, as well as any other problems that may arise that you didn't forsee - pension, massive insurance pay-out ...?

con_fused

Yes, as Paddy's Mum said I agree it's best to find a solicitor.

A lot of them do a 30 minute free session (this is what I had) so you could try and find one of those and just see what they say, no obligation to use them in the future.

NAR

The important fact here is you are still married. So therefore, if you were to divorce your wife, your inheritance will form part of the family finance pot to be divided.

izzywizz_2

Not wanting to sound crafty but couldn't your sisterif you trust her? Or put it inadvertently in the kids names?

NAR

izzywizz wrote: »

Not wanting to sound crafty but couldn't your sisterif you trust her? Or put it inadvertently in the kids names?

And how will he hide it from a judge? Definitely not a good idea.

andromache_2

izzywizz wrote: »

Not wanting to sound crafty but couldn't your sisterif you trust her? Or put it inadvertently in the kids names?

The money would still be his beneficially so he would still have to declare it.

swampduck

But if the OP was named as a beneficiary in the will - should he not be entitled to it all?
If his ex wife isnt named why should she be entitled to a share especially after 5 years separation?
As the OP and his wife have been living apart for 5 years they will pretty much have severed all financial ties with each other anyway so it seems a little unfair to think that she has a claim.
But as an another poster pointed out she could win the lottery tomorrow! and the OP could have a claim.
Got to be worth a free half hour with a solicitor - just to find out.


Swampy

Pee

You and your wife are still married, meaning that you both have a duty to miantain one another and your assets may be divided by a court at any point in the future either at her request or at yours.

So effectively if she found out about the inheritance, she would be entitled to file for divorce and get a share.

However, it doesn't sound like she is likely to.

I would speak to a solicitor and think about your own financial position and what you know of hers. If she is not likely to be putting herself in a better financial position and you are, then the sooner you do divorce the better, maybe?

There would be nothing to stop you entering into a Deed of Variation to benefit your children, should you wish to, but this cannot be to prevent her claim in the event of a divorce.

keith3784

Interesting posts,thanks everybody.
I was married 23 years when she left, there were no real assets then (we didn't own a house) but there were some small debts. I have just been to citizens advice, this is roughly what was said -
"When separated ex has no immediate right to inheritance but could claim as part of a divorce settlement. This is unlikely as the assets that would be taken into account will be from the date she left. This would be 5 years ago! (she would owe me as she left joint debts for me to pay) It would be important to make a will excluding ex after the estate is sorted out to avoid a claim should I die."
Also there are absolutely no financial ties, my youngest child was 20 and fully independent when we separated.
Needless to say the information I have is limited and I will certainly be looking for a solicitors professional advice.