Can my ex grab my inheritance?

getmore4less

MichMoor wrote: »

, he did not leave a will so after the legal mess .

What legal mess,

In the absence of a spouse the children apply for admin, a fairly simple process.

kidmugsy

Is there any way that you could arrange that the other children get the inheritance rather than you? It would, ahem, mean that you would have to have great faith in a future act of generosity from them to you or to your future children, say. You'd also have to know what view a court might take of such an action.

MichMoor

The above is a possibility

MichMoor

Someone from another forum directed me to the link below:

http://www.thisismoney.co.uk/money/experts/article-2180276/ASK-THE-EXPERTS-My-sons-ex-wife-wants-half-I-leave-him.html

It seems common sense, personally I find it very difficult to believe any independant judge will be convinced she would suffer hardship if she was not given any of my inheritance considering she earns more than me, better job prospects than me and she is now living with her new partner and does not have the same liabilities as me!

Thanks for your responses, I think the time to worry about this would be if she does find out and decides to do something, other things to concentrate on first.

margaretclare

MichMoor wrote: »

Someone from another forum directed me to the link below:

http://www.thisismoney.co.uk/money/experts/article-2180276/ASK-THE-EXPERTS-My-sons-ex-wife-wants-half-I-leave-him.html

It seems common sense, personally I find it very difficult to believe any independant judge will be convinced she would suffer hardship if she was not given any of my inheritance considering she earns more than me, better job prospects than me and she is now living with her new partner and does not have the same liabilities as me!

Thanks for your responses, I think the time to worry about this would be if she does find out and decides to do something, other things to concentrate on first.

Looking at the link, the solicitor who responds, Angharad Lynn, does not even mention a 'clean break' order. This seems surprising. She does say, however, that a court would look quite differently at an application after divorce than at the time.

Never having been involved with divorce myself (I was a widow) I'd never heard of 'clean breaks' until I got together with my now DH. He'd been divorced before and on facing a second divorce, he insisted on a 'clean break'. I can see why, although it is more difficult to get when the couple are older, 50s/60s, because it's considered that the wife has less possibility of earning for herself. He just wanted an end to it all, a clean break in all senses of the term.

MichMoor

Just come back from a freebie session with a Solicitor he was sure she will not be able to make a claim on my inheritance.

NAR

Was he a solicitor who specialises in divorce? There are solicitors who are not well versed in this field. I know through experience as my ex had one.

atush

Good news mich.

TBagpuss

If you did not have a court order in relation to money at the time you divorced, your ex could still make a claim against you.
However, if she did, the court would have to consider whether it was "fair in all the circumstances" for her to have any share of the inheritance.

It's unlikely, but not impossible, that a court would consider it fair, given the length of time since you separated, and the fact that the inheritance came only after your divorce was finalised.

You could agree, even now, with your ex to submit an agreed order to the court (a consent order) which could include a clean break. However, you would have an obligation to disclose the inheritance as part of that process. It would have been better to have obtained an order at the time you divorced but as you didn't, it may be safer to let sleeping dogs lie, rather than ask her to agree an order and run the risk that she seeks a share.
If you transferred your share to your siblings a court could potentially take the view that this was done solely in an attempt to evade her claims and could still make orders against you, so it's not really a good idea.

ukmike

Are your ex's parents still alive?,if so,you could counter claim off her in the future!