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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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My husband & I will be divorcing in the near future. My elderly

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My husband & I will be divorcing in the near future. My elderly parents are still alive but haven't made a will, neither will they. With or without a will does my husband have a claim on my share of their estate? He inherited some money from his parents who had made a will and tells me he doesn't have to share it with me, this is not a lot of money compared with the amount I stand to inherit. Advice please.
Do you have any siblings?
Customer: replied 5 years ago.

yes a brother and a sister

It really comes down to whether the
inheritance is treated as a marital asset or not. You do not automatically have
a claim on his and vice versa. Indeed, if there is sufficient money elsewhere
in the breakup of the marriage to fulfil each spouse's needs, very often
inheritance does not get touched

the other thing that is looked at it. Where
in the whole timescale of things, the money was received. Each case is looked
out on its merits and this will give you some reading

if you Google inheritance divorce, it will
give you plenty more

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Customer: replied 5 years ago.

still not clear to me. . . does it make any difference if there is a will or not, at the moment there is not but if it was left to me by name in a will, it would be mine and not have to be shared with him, which is info I have received previously. The concern I have and my family and friends is that because there isn't a will and prob unlikely to be one that he will have a claim on it until the divoce is absolute.

The existence of a will or not makes no difference
Customer: replied 5 years ago.

My parents are very much alive and well at the moment although very elderly, if they die before the absolute the above applies. My husband obviously knows this and that could be why he is no rush even though he is seeing someone else and has been doing for some time.

You divorce him then and push for the rest of the finacial matters to be sorted.
James Mather,
Category: Law
Satisfied Customers: 22629
Experience: Senior Partner at Berkson Wallace
James Mather and 2 other Law Specialists are ready to help you
HiThe issue is not whether or not you receive the money through the Intestacy Rules or because you are named in the Will which is why it is irrelevant.Even if something happened tomorrow the fact the you were already separated means that it is unlikely that your ex would be entitled to a share of the inheritance - but it could mean that he gets a larger share of other assets if the Court feels that he needs a larger share to rehouse himself etc,This is of course dependent on how long you have lived together and what other assets there are.Your husband is also wrong - you may well have a claim on his inheritance unless it is still in a separate account and again there are sufficient other assets to meet your reasonable needsClaire
Customer: replied 5 years ago.

We have been married for 37 years. his money he received 10 years ago and is in an account in his name. He has recently started coming ' home' to sleep after many months of not doing, although he is still seeing the same person who, has her own home. advised to do so by a solicitor is my opinion on that. Our house is paid for and we do have some money although not enough to buy us both a property. Our adult son still lives at home.

How much is the property worth and how much are the other assets worth?
How much does a one bedroom property in the same general area cost?
What income do you each have?
Customer: replied 5 years ago.

I am confused now as your answer came after I had finished with someone else. Am i paying again, I hope not.

So long as you do not give a further rating then there is no charge - but I am happy to just expand things for you (for free) if you wish - ny colleague will keep his fee
Customer: replied 5 years ago.

Thanks for that, but I guess I just need to get on with things. Your comments were helpfull. sorry to rate a poor service.

No need to rate at all!
Still happy to answer the follow up!
Customer: replied 5 years ago.

Yes realised that about rating. This kinda thing is all new to me.

I really don't know, have been trying not think about things. If the house was sold along with assests it would buy 2 very small houses in this area. The problem for me would be affording to run mine. I work 30 hours and pushing 60 and dont want to be working any more than that. Thats why my inheritance is so important to me.


Thanks for your help

Given what you have said it is likely that the assets will be split 50/50 (maybe 60/40 in your favour) and he will keep his inheritance.
If the worst should happen before the divorce is final he woudl have no claim on your inheritance
Customer: replied 5 years ago.

Thank you so much that is much clearer now. What you have said you have put in ordinary language a bit less 'jargonish' than that of your colleague.


Sorry you wont get the money, maybe he'll share it with you!


If you have a comments/compliments/complaints book (we do at work) please put my compliments in.


Thank you

Thank you that is kind - and don't worry he helps me out sometimes so it all balances!