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Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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I have separated from my wife, but not divorced a

Customer Question

I have separated from my wife, but not divorced for over a year now, can she claim any money from my mother's estate, which is left to me as she passed away last month.

Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi thank you for your question, my name is ***** ***** I will assist you with this.
Unfortunately, the answer very much depends on the circumstances of the case. Every case is different and much depends on individual circumstances including the size of the inheritance, when you received it and what the financial needs are of both parties. The financial needs of one or both parties may mean that inherited assets have to go into the ‘pot’.
As the financial issues have not been concluded between you and your wife then by the time this comes to be considered any inheritance (of either party) should be disclosed to be considered by the Judge.
It may be that the Judge decides that the actual funds you have inherited would not be shared, but could award your wife a larger slice of the matrimonial assets as a result - this is more likely if the matrimonial assets when divided do not provide sufficient funds for both parties needs.
Legislation sets down a number of criteria which must always be considered when negotiating a settlement or by the judge hearing a matter, including the financial needs, obligations and responsibilities which each of the parties to the marriage has or is likely to have in the foreseeable future and the court also has to have regard to “all the circumstances of the case, the first consideration being the welfare of a minor child”.
I hope this assists you. If you have any further questions, please ask. Thanks