I can call you whenever you like although my time is limited over the weekend but I’m still available from time to time.
If your friends X wants to make a claim after divorce and they have no financial order, he has to make an application to court for consent to make an application out of time.
If there has been a change of circumstances and he feels that he should have some of this money from your friend, then it is possible that he can make a claim.
Impoverished spouses have come out of the woodwork years after the event and made substantial claims as you will read here
If however she transfers all her assets to her children on trust for them when they reach 18, it makes it more difficult for him to get his hands on them. Firstly, it’s not guaranteed to work completely because if it is done to prevent him getting his hands on the money, he can say that it was only done so that it was put beyond his reach.
I don’t know what her prognosis is but she can always make sure that everything in her will goes to the children and it could well be that she sadly passes away before any application that the ex-husband were to make would even be in court.
He could potentially bring a claim under the Inheritance (Provision for Family & Dependents) act if she has not made financial provision for him and he had a reasonable expectation that she would do so although if they are now divorced, he does not have a good claim in respect of that.
If he has been given the right to live in the house for life, that is probably about as much as he could ask for. If I were advising the husband and I was told that his late wife had died and left everything to the children but left him the right to live in the property for life and thereafter to the children, I would tell him it was quite a good deal and that he should go along with it.
In circumstances like this, with the deceased mother and all the assets left of the children, I don’t think court judge would have a lot of sympathy if he was just looking after his own interests.
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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