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Inheritance after split

  • pg4kj
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12 Jan 08 #10522 by pg4kj
Topic started by pg4kj
I split from my wife 2.5 years ago. We sold the marital home and split the money amicably 1 year after split. We also have an amicable agreement on maintenance payments.

My father died 18 mths after the split and has left an inheritance.

It appears now that she is looking to obtain more money from me.

What can I do to prevent this?

  • Josh2008
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12 Jan 08 #10523 by Josh2008
Reply from Josh2008
Were any of the agreements made by court order.

If you agreed and put it into a Consent Order, where neither can have future claims then it is highly unlikely the order could be overuled, excepting if you knew beforehand and did not declare it.

If you have not agreed by consent order then former spouse can come back later on for anything

A couple divorced in 1996 and settled by way of 'amicable' agreement, they did not put anything throught the courts

10 years later, the former husband had developed a very healthy business and was worth in the region of £1.4 million, the wife in the meantime fell on hard times, so went to the courts to try and get former husband to pay up.

Even after this length of time the courts decided to award her over £200k, even though she caused herself to be in the 'doldrums'

Makes for pretty 'unfair' rulings, but that is the law 'harsh but fair'

Let's put it another way, you amicably agree something now, because neither of you want to 'hurt' the other, you just want things to go as smoothly as possible without involving courts.

Then 2 weeks after the divorce your ex wins £5m on the lottery, you could then seek 'ancillary relief' through the courts and would definately get a split of the 'winnings' 'harsh on spouse fair on you' in law.

You say that she is looking for more money now that you have inherited, just goes to show that what you both thought was amicable at the time, no longer is the case.

Question now is 'What would you have done' if the situation was reversed.

  • Ladybelle
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12 Jan 08 #10528 by Ladybelle
Reply from Ladybelle
This is interesting to me, I'd be keen to read other replies on what 'the law' is on this as when I went to see a solicitor after my 2bx left me, I was told I was not entitled to any future inheritances ?? Is this not right then ? She said I was only entitled to half of anything earned not inherited ?
My 2bx will have 2 substantial inheritances to come at some point in the future and I have nothing, as well as no income or pension (as I am assuming I will have to give up any right to his half pension in order to try and keep my house)

  • LittleMrMike
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12 Jan 08 #10532 by LittleMrMike
Reply from LittleMrMike
Generally speaking the Courts will consider inheritances
where the donor has already died or where the death is imminent. In such cases, then the Courts might adjourn an application and adopt a policy of wait and see, but
generally the Courts won't speculate as to the life expectancy of a relative, as was made clear in the case of Michael v Michael 1986 2 FLR 389.

Mike 100468

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13 Jan 08 #10555 by Fiona
Reply from Fiona
Inheritances are a grey area in England&Wales. Generally when both parties needs are met from other assets and an inheritance has been kept separate from the family assets the inheritance might be alloted back to the person who inherited, especially if it was recent.

Therefore in pg4kj's case if there is no legally binding settlement and he has to go through the financial procedure the inheritance is relevant and has to be disclosed, although it most certainly will be considered a non-matrimonial asset.

AgorophobicAnnie, future inheritances are only considered if they are certain. Your x2b's inheritances aren't guaranteed because the circumstances may change so there is no money left, the will could be changed so he doesn't inherit or your x2b could die before receiving them.

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