Is She Entitled To My Inheritance

[winkyridg]

Ive been seperated from my wife for 7 months, we aren't divorced yet, would she be entitled to any inheritance i received, and how does it work when we are divorced? Many Thanks :-)

[boxtops]

If you're not divorced then yes, she could claim, IMO - is this an inheritance you are receiving from someone else?

Do you have a formal separation, which details the date on which you separated? As we discussed on another thread the other day, it's vital to sort out at the time of separation who's responsible for which bills, who owns what (particularly cash assets and property), etc.

[winkyridg]

Hi Boxtops, we seperated 26/12/2013, all bills, cash, assets etc have been sorted, my wife mentioned that she would be enabled to a cut of any inheritance i may receive, how long does this right last for?

[boxtops]

I wouldn't have thought she'd be entitled to anything at all, if your separation order details the split between all your finances. Certainly, IMO, once you're divorced, there is no right to anything like this. Both my ex and I have had small inheritances over the years and there is no question we could have claimed. The only thing I can think of is if there are children involved who you are maintaining?

Where do you live? it may be different in Scotland.

[Prudie]

Has the separation and financial splits been legally agreed rather than just between yourselves? If so she may make a claim before you are divorced. My partner had to share an inheritance with his wife after several months after they'd separated but before they were divorced.

[ubasses]

Does not look to be very clear cut either way if you look at this link

http://www.holmes-hills.co.uk/articles/for-you/divorce-settlements-and-the-risk-to-your-inheritance/

[boxtops]

Prudie, from my perspective this was one of the values of having a legal separation order. Ours laid out who owned what, who was paying for what, and our various separate and joint assets. We would only have had claim on the joint assets until we divorced, at which time those assets were divvied up equally between us. No question of what would happen if one of us had a lottery win or an inheritance - that belonged to the partner who was entitled to it.

[winkyridg]

Thanks for all of the advice, it is greatly appreciated :-)

[Peter Pedant]

Basically winko - your question is:
if I sit around and do nothing, and I inherit something - can my wife who has given notice she would grab half, grab half ?

and after the judge makes an order splitting your assets the answer is no.

ubasses article details if you read it - inheritances before divorce ( yes ) and during ( possibly ).

The position after a divorce is done and dusted, is clear ( heh heh heh )

[atalanta]

Part of the paperwork to be completed before the decree absolute is granted should be a statement from each side that neither party will have any future claim on the other. Of course this does not affect maintenance of children.
But if the decree absolute has not been granted, and these statements have not been signed, there is a considerable risk that a claim could be made on your inheritance, especially if she is likely to be very much worse off than you if she does not receive part of it. It may just be counted as part of the family assets at the time of the settlements.