A well respected, award winning social enterprise
Volunteer run - Government and charity funded
We help 50,000 people a year through divorce

01202 805020

Lines open: Monday to Friday 9am-5pm
Call for FREE expert advice & service info


What are we each entitled to in our divorce settlement?

What does the law say about how to split the house, how to share pensions and other assets, and how much maintenance is payable.

What steps can we take to reach a fair agreement?

The four basic steps to reaching an agreement on divorce finances are: disclosure, getting advice, negotiating and implementing a Consent Order.

What is a Consent Order and why do we need one?

A Consent Order is a legally binding document that finalises a divorcing couple's agreement on property, pensions and other assets.


Do you need help sorting out a fair financial settlement?

Our consultant service offers expert advice and support to help you reach agreement on a fair financial settlement quickly, and for less than a quarter of the cost of using a traditional high street solicitor.


Will beneficiary

  • MORELLA
  • MORELLA's Avatar Posted by
  • Junior Member
  • Junior Member
More
25 Mar 08 #17613 by MORELLA
Topic started by MORELLA
My ex-to-be husband is a beneficiary in his Grandmothers will, she is 86 years old and not in good health. It is unlikely she will last another 5 years. Can his share of the inheritance be taken into account as part of available capital when reaching a settlment.

Also there are some PEPS/ISAs in my ex's name held by his father his solicitor has told him that this does have to be declared but does not form any part of the settlement. However my ex has direct access to this money as it is in his name. Also it appears his father may have forged his signature on all docs and my ex is aware of this.

  • Fiona
  • Fiona's Avatar
  • Platinum Member
  • Platinum Member
More
25 Mar 08 #17623 by Fiona
Reply from Fiona
Inheritances are a grey area and potential ones even more so. In your husband's case him being a potential benefactor is relevant and should be disclosed but it won't form part of the matrimonial pot. The problem is inheritances aren't certain, his Grandmother could change the will. However, it *might* be accounted for in the settlement in that his long term needs are reduced so he requires a smaller share.

As far as ISAs/PEPs are concerned his sol may be correct and it could be argued they are non-matrimonial, it depends on the circumstances. Usually with the passage of time where an asset originated from becomes less important.

Moderators: wikivorce teamrubytuesdaydukeyhadenoughnowTetsSheziLinda SheridanForsetiMitchumWhiteRoseLostboy67WYSPECIALBubblegum11