Inheritance and Divorce

2520years

Hi everyone!

Long story short...

I’m the executor of my parents’ will.
I’m close to dividing the money & assets between myself, my brother and my sister.
My sister is close to concluding divorcing her husband and is worried he’ll get half of her inheritance.
She’s asked that I keep her share until after the decree absolute.

Is that legal? I thought inheritances were kept separate anyway but I want to be sure.

Thanks in advance for any pearls of wisdom. :beer:

unholyangel

What exactly is she trying to accomplish? If its to avoid him trying to make a claim then that's not going to achieve it, since to be covered by a consent order, she'd need to disclose it first.

However that doesn't mean it would automatically be regarded as an asset of the marriage. Would all depend on circumstance.

Just remember that your duty first & foremost is to the estate itself.

You might both be well placed to get advice - you as executor and your sister on inheriting while divorcing.

2520years

Thanks unholyangel.

Her husband knows about the inheritance, but I don’t know much more about their situation than that.

It seems that it doesn’t matter when she actually receives the money..?

TBagpuss

No, she became entitled to it once your parent died, so she has to disclose it whether or not she has physically received it.

Courts do normally treat inheritance a bit differently to assets built up in the marriage, but it may affect what a court sees her needs as being.

If she fails to disclose it then it could potentially give her ex grouns to apply to appeal any order as itwould mean that she had faield to provide full dsclosre, she might also be in position of making a false statemetn of truth (broadly equivalent to committing perjury)

It's a really, really, bad idea.

2520years

Thanks TBagpuss, I’ll make sure she knows.

2520years

Just a quick update...she’s going to seek advice.

Thanks again for your advice.

Cardew

A will can be altered after death by a Deed of Variation provided all the parties agree.

Indeed this happened with some friends. There were 4 boys all to inherit equally. One was getting divorced and so the 4 agreed to cut him out of the will and split the estate 3 ways. Luckily he trusted his brothers and eventually got his 'share' from them.