Scots law on separation then inheritance

littleredhen

Does anyone know if my ex husband, not divorced yet, has claim to my inheritance from my late fathers estate. Sadly my father died a few months ago and I cannot inherit until his house sells but I ink my ex is after half the money. My solicitor has not mentioned that he should receive any of it but neither has she said he wouldn't so I will be enquring tomorrow to be sure but wondered if anyone can put my mind at rest

rpc

You are probably OK.

Did your father die before or after the agreed date of separation? In Scotland, we use some common sense and it is the matrimonial finances on this date that are taken into account. Anything that happens after separation can't be included in the pot.

Inheritance is usually excluded anyway, provided it has been left untouched (which it would be in this case because you don't have it yet).

Also note that no financial provision can be ordered after the decree of divorce, so the divorce is final. We don't have a requirement for a "clean break order" to put an end to financial claims.

Have a read:
http://www.morton-fraser.com/publications/articles/1436_a_guide_to_matrimonial_law_in_scotland_for_family_lawyers_in_england_wales