Possible claim to inheritance need advice please

UnicornGirl81

My grandfather passed away last year and in his will it names both my sister and I as executors. This will was made 14 years ago. 

Now I’m going through a divorce to which in the financial settlement I’m taking a lesser sum from the marital home and my ex husband wants no claim to my inheritance. (The divorce had already been filed before my grandfather passed away)
This will see us both financially stable for our children’s futures. I’m keen to get the transfer of the marital home to solely him ASAP as my children have no stability in seeing him. But I won’t be receiving the inheritance until early next year. I’ve asked for him to continue to buy me out of the property but leave the financial settlement open until I get my inheritance in case I do not receive the full amount if my dad succeeds in making a claim. He is reluctant to do this as he’ll have it hanging over his head. 

My grandfather has an adopted surviving son (my biological father) The last contact my dad had with my grandfather was threats down the phone to which the police were called out. This would of been a good 10 years ago. The last physical contact they would of had was a good 20 years ago. 

However the last letter I had from the solicitor dealing with the will said that upon going to probate it has to be left open for 6 months in case my dad makes a claim. 

I’m just wondering if anyone knows whether he would be likely in succeeding in making a claim against it? 

Obviously my divorce settlement 

Is highly based on the inheritance I will be receiving. It’s been going on for 18 months already, both my ex and I are in new relationships and both just want to move on but feeling like we can’t. 

Thanks in advance

elsien

Where wills are concerned there aren’t any definitive answers. But a claim is more likely to be successful where the person has tried to make contact, or can show they were financially dependant, or reasonable provision should have been made for him for some other reason, 

This link gives a reasonable summary.
https://www.harrison-drury.com/home-family/contesting-a-will-what-are-my-options-if-im-left-out-of-a-will/

TheInheritanceProblemSolver

Things seem to be very finely balanced for you!

It is correct that the state should wait six months before distributing the residue in case a claim for provision is brought against it. To do otherwise may be negligent if there is a likelihood of a claim.

It is not possible to advise on the strength of any claim that your father may bring, without actually seeing that claim in the first place. However, if your father was estranged from your grandfather, it is unlikely that any claim would succeed. It would not be impossible for your father to win his case, but the courts generally have an attitude that if a person wanted nothing to do with his parent during life, then he cannot expect to be provided for by that parent after death.

Hopefully this will put your mind at ease.

Not_a_clue

Are you in Scotland?   There laws re inheritance rights differ to English law.

Malthusian

An inheritance like this would not generally be viewed as part of the marriage assets, given that it hasn't even been received yet, let alone been absorbed into the marital finances.

If you are accepting a lower settlement than you would if the inheritance didn't exist you are therefore being generous to your ex. And waiting to see if your father makes a claim is very reasonable.

The problem for both you and your ex husband is that if your dad does make a claim it could take years to sort it out. Would you continue to put off the divorce for months or years in case he succeeded?

If I was your ex I would avoid rocking the boat. Eventually, potentially within six months or so, it will either become clear that your dad has no claim (in which case you will both be happy to get on with it) or there will be an imminent risk of you losing some of the inheritance in which case you will presumably want to renegotiate the settlement.

Alternatively he can offer to give up some of his settlement in exchange for getting the divorce done now before your inheritance has materialised. (Which, if the agreement broke down and you went to court, he might find himself doing anyway, given that the courts may not take the inheritance into account in the way you have so far.)

Both of you should update your Wills to ensure that if anything happens to you before or after you divorce, your new partners and children are suitably provided for.