Is my brother's ex partner entitled to any of his inheritance?

Purleygirl

Will try and keep this simple. My brothers, cousins and I are expecting an inheritance, in about two months and it will be approx 55k each. One of my brothers, I'll call him Sid has been separated from his ex partner for approx 8 years. They have 3 children together, 16, 14 and 12. Sadly, Sid is a gambler and has lost everything, although he manages to hold down a job. He has very little to do with his kids and his ex, I'll call her Sally, has to beg him to see the kids and in desperation had to go to the CSA to get maintenance as he refused to pay a penny when he left them. Well, Sally asked him to leave as his gambling, lies and deceit were making the family ill. I get on well with Sally and respect her as she has gone through hell with my brother, while Sid has angered and disappointed everyone, he hardly cares where he gets money from as long as he can gamble. We've given up on trying to change his behaviour and now he has little contact with anyone. Now my question is, will Sally or his children be entitled to my uncle's inheritance? Sid is raging that I'm still in contact with her, but she and the kids have done nothing wrong. I know Sally will ask me how much we are getting and the name of the solicitor, but is she entitled? I know she is morally, but legally is she? They weren't married btw but lived together for 12 yrs and had three kids. It's a bit awkward if she asks me the details. Thanks.

PasturesNew

Purleygirl wrote: »

They weren't married

No. But if he dies, the kids would get his portion.

Without a will, to inherit you have to be a blood line.

Mrs.W_2

Kevin137 on the Child Support board might well be the best person to ask, as this seems to be more about child support than inheritance.

Link to the relevant board...
http://forums.moneysavingexpert.com/forumdisplay.php?s=&daysprune=&f=140

gavinh1175

PasturesNew wrote: »

No. But if he dies, the kids would get his portion.

Without a will, to inherit you have to be a blood line.

Agree, Sally isn't married to your brother, so wouldnt inherit from your brother if he died first.

antrobus

Mrs.W wrote: »

Kevin137 on the Child Support board might well be the best person to ask, as this seems to be more about child support than inheritance....

Child support is based on on the NRP's income. An inheritance is a capital sum, not income, and what's more, I don't believe that investment income counts for child support purposes, so that even the interest earned on the capital sum would be ignored. I.e. the receipt of a £55k bequest under a will would have no effect at all on the CSA child support calculation.

Mrs.W_2

Link to a thread on the Child Support board that covers inheritance and income from investments.

https://forums.moneysavingexpert.com/discussion/4348373

As the bequest is under £65K - as mentioned in the thread - it's untouchable. But it certainly is a tricky subject!

Purleygirl

Thanks everyone for taking the trouble to reply. Yes, it does seem rather a gray area, I would rather my Unc's money went to the children, sadly it will all be lost at the bookies.

Tuesday_Tenor

Purleygirl wrote: »

Thanks everyone for taking the trouble to reply. Yes, it does seem rather a gray area, I would rather my Unc's money went to the children, sadly it will all be lost at the bookies.

How sad.

As other have said, the inheritance is his alone.

I just hope someone can help him use this opportunity to turn his life around and use some of it to make amends to his family.

If any of the rest of you are setting funds aside for your children, perhaps you can try to get through to him to do the same?

Purleygirl

If only it were that simple Tuesday Tenor, it has been a truly horrible journey of mental deterioration for him as the addiction sends him into deeper debt. He neither knows nor cares how much money he owes, he has borrowed money from anyone and everyone, he is a con man, I love him but I hate what he has done to his family and friends. He won't answer the phone, answer emails, see his kids, his only thought is gambling. It is a tragedy. This money will not go to his children, it breaks my heart that his ex struggles and every penny will go into a black hole somewhere. Heart breaking. Thanks so much everyone.

Mojisola

Have you discussed with your brothers that you all donate a few thousands each into a fund for the children? That would be a lovely gesture.

paddedjohn

Mojisola wrote: »

Have you discussed with your brothers that you all donate a few thousands each into a fund for the children? That would be a lovely gesture.

Calm down, they might all have their own familys and problems to sort out without being put on a guilt trip.