Splitting Money Following Medical Negligence Claim

PlasticDragon

Hello there, 

My wife’s family has been awarded financial compensation (almost £100,000) following a medical negligence claim.

When we started the claim some years ago, it was verbally agreed that my father in law (FIL) would receive 50% of the funds awarded and that his daughter (my wife) would receive 50%. We don’t have this in writing.

We will shortly be in receipt of the funds the money will go into my FIL’s bank account, over which my wife has LPA over finance and property. 

My FIL is still mentally fit but we’re now handling his finances more as he gets older and sadly not as sharp as he was.

Will my wife be able to legally draw her share of the monies from my FIL’s bank account on my FIL’s behalf or will he have to do it himself? We’re naturally nervous about my FIL having almost £100,000 sat in his bank account, so something will need to be done with it. 

We want to do right by the law and each other. 

Thank you for reading.

sassyblue

Does FIL still have capacity and the ability to send the funds to your wife? If so let him do it.  If not then your wife will need to arrange it. 

There are all sorts of future issues that might happen such as if he needs to go into a care home withdrawing such a huge sum of money could be deemed as deprivation of assets, not to mention if there are other siblings that will complain. You say your wife's 'family' has been awarded the money but only FIL and your wife are benefitting. Why has the family been awarded the money and not just FIL?

PlasticDragon

Thanks for reply. 

In OP I used term “wife’s family” to save time.

Wife’s family = my wife and FIL. Wife is only child. 

Transfer would not represent a DOA.

thorsoak

Why is your wife entitled to 50% of the claim?   Is she named in the claim?   Otherwise, I feel it might come under the "deprivation of assets".

PlasticDragon

My wife brought the claim in the first instance, but the money goes to my FIL as next of kin. 

PlasticDragon

MorePlasticDragon said:

My wife brought the claim in the first instance, but the money goes to my FIL as next of kin. 

Her name is actually listed as “the claimant” in the documentation.

thorsoak

Was your wife a minor (under the age of 18) when the subject of the claim occurred?   and did your father in law bring the case on her behalf?

PlasticDragon

thorsoak said:

Was your wife a minor (under the age of 18) when the subject of the claim occurred?   and did your father in law bring the case on her behalf?

No, wife was in early 40s and she brought claim on her own, though with the view that her father would benefit.

wilfred30

So how come your FiL is getting all the money then?  

Surely if your wife is the Claimant, the compensation should be paid to her.

PlasticDragon

A valid question, it’s just what we were told by our solicitor, as he’s the next of kin for the person involved.

thorsoak

When did you and your wife marry?   Before or after she started the claim?   If you are now married, I would argue that you are now her next of kin.