Son's Inheritance

[Woodstock]

My son has been with his partner for about 7 years and they have a young baby together. The relationship is stormy and is very unlikely to last - they've both voiced this fact. I and my son know that he is due to inherit a substantial sum of money from a relative probably later this year, which he hasn't told his partner about yet. If they were to split up before the inheritance comes through, although he would always pay maintenance for his daughter anyway, would he have to declare the inheritance to his partner if it comes through after they split up?

[aelmpvw]

according to this article it appears that she may have a case

https://news.sky.com/story/lottery-winner-forced-to-pay-ex-wife-2m-10490786

[Canary42]

It certainly appears from aelmpvw's link that if she finds out about it, she can come for it.

[atalanta]

Are the couple married ? It may make a difference.

[kvalidir]

What folks don't know doesn't hurt them. If it's an inevitable that they will split and they split up beforehand she has to find out he's got any money first. As long as he does the decent thing and looks after his little one well I see no reason not to protect himself.

[Buenchico]

The majority of settlements between separating couples are simply by mutual agreement. (i.e. there's no court ruling and the Child Maintenance Service isn't involved). So if your son simply agrees to pay £x per month toward's the care and upbringing of his child (and his ex is agreeable to it) there's absolutely no reason as to why he would need to tell his ex about any extra money that he receives.

However if no mutual agreement can be reached, and the Child Maintenance Service is involved, then your son will be obliged to advise the CMS of any changes to his circumstances. Similarly, if a court has been asked to rule upon the division of the couple's assets it might be possible for his ex to seek a re-assessment if she becomes aware that he's come into a large amount of money.

So, if your son wants to hang on to his inheritance, he should definitely try to seek a voluntary arrangement with his ex.

[sunny-dave]

At the point someone applies for any means-tested benefits, the DWP is entitled to enquire into the assets of the father(s) of any children and seek to increase any mutually agreed payments if they are deemed to be too low - it would be an offence to attempt to hide the inheritance.

[chrissa1]

I am of the opinion that the salient word in aelmpvw’s link is the word, “wife.” As she is not his wife and just his girlfriend albeit, the mother of his child, I would think that she has no claim on anything he inherits.

Apart from looking after his child, in as much that he is financially better off than his partner now, that’s where it finishes.