Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
How long have you and your wife been separated?
What marital assets are there?
How much is the marital property worth and how much is outstanding on loans?
Then just to check - if the divorce issue was not a problem would you still prefer that the money went to your children rather than you?
And that is why I need details of the marital assets to see how to protect the inheritance for YOU
And there is a mortgage of £175K?
How much are you likely to inherit?
How long have you and your wife actually lived together? (married or not)
Are you willing to divorce at this stage?
In fact if there is a divorce now there is little need for anything particularly complex to be put in place.
So is a divorce this year a possibility?
NO in fact that is not necessarily the case.
Yours is a short to medium length marriage and there are substantial other assets that can be used to ensure that your ex's needs are met.
To be frank your focus should be on issuing the Divorce Petition as a matter of urgency and trigger the financial negotiations at the same time
One last question - how much does a one bedroom property in the same general area as your current home cost to buy?
No that is not the case - especially if the Inheritance is received after the Divorce has been issued.
The court will only take account of Inherited assets where there are insufficient funds in the other assets to meet the needs of both parties.
In your case if the assets were sold then whilst your wife would receive a larger share of the joint assets your actual inheritance would be safe.
Indeed even if you had already received the Inheritance this would be the case (assuming you had always kept it separate from any other assets).
Your mother can certainly look at setting up a Trust within her Will.
However any trust from which you will benefit will run into the same problem - and whilst it could benefit your sons the Trust could be challenged once they were both over 18 if they wished to force an immediate distribution.
If you trust your brother implicitly then your mother could gift her monies to him on the basis that he will settle with you when the divorce is over; but my suggestion is that you move on the divorce immediately and start the financial negotiations.
If not then yes a Family Will Trust will be the next step.
Please ask if you need further details