Just wanted to ask a question about inheritance as there seems to be lots of conflicting information!
My partner has been separted for nearly five years and tried to obtain a divorce on 2 years separation with consent earlier this year, which she did not agree to. We decided to wait until consent was not required.
Shortly after this time his father sadly passed away and he is about to receive his inheritance. Now we have received a letter from her asking for a divorce, and stating that they have advised their client to arrange for mediation with regards to Financial matters!
They were married for 18years have no children or property, she works and has a final salary pension.. We believe that she also received an insurance payout. Hence why she now seems to have the funds for a divorce etc.. In short is she entitled to half of his inheritance?
Our solicitor seems to think she would be, but from what ive read if it went to court it would cost alot of money to resolve and it could go either way!??
It just seems so unfair my partner walked out with nothing but his clothes. The only financial assets being their car which she kept, he also settled their joint account and paid her monies for about six months after they separated.
As you say it is a difficult one to answer as there don''t seem to be any hard and fast rules.
I can tell you that my Mother died a few months before my Divorce.She left me a small inheritance and she had also left a much smaller amount to my now ex so her intentions were obvious.A Solicitor I saw for Financial advice said that if I''d inherited the money early on in my marriage and used it for joint purposes it would definitely be considered part of the marital pot but possibly wouldn''t because of when I inherited.We didn''t go to Court and settled amicably so it was never put to the test.
I would hope your partners ex wouldn''t be entitled to half.Also if ex''s Pension is worth a fair amount she may be willing to settle for keeping that and leaving the inheritance alone.I suppose it all depends on the amounts involved.
It seems its just a case of wait and see... I hope that things can be sorted out amicably..
Its unfair that when somebody leaves a will, and names a certain person to receive an inheritance, that someone not named should be entitled... it goes against what that person had intended, its just plain wrong...
Inheritances are relevant and should be disclosed. If the needs of the parties can be met from the other assets an inheritance might be allotted back to the person who inherited, particularly if the inheritance was recent and kept separate from other assets. Divorce settlements depend on the particular circumstances and needs, in particular for housing, will trump over almost anything else
this argument is going to rage and rage on wiki but I can tell you that I have been taken to court now 32 times in a small money divorce where I am a trustee for my mothers small company and every time the court says that there is now jurisdiction to rule that my ex just becuase he was married to me can overrule a trust or a potential inheritance; law is the law try and challenge it on a divorce and you only waste money and emotion.
there is no doubt of this in Scottish Law as Fiona well knows; it is actually the same in English Law and European Law - see Human Rights 1998 Rights of property in trust and law.
The circumstances are different. As a general rule of thumb in England & Wales the assets someone owns, including those inherited, are taken into consideration when separating finances on divorce.
However a trust can allow a beneficiary of a will to have the benefit (and possibly control) of assets while the ownership is invested in another entity. There is no requirement to share property you do not own. In these circumstances the family courts may still take account of the trust as a resource available to you when sharing the other assets.