inheritance after separation

[Beanmistriss]

My blokes friend has been seperated and living apart from his wife for 7 years but they never divorced. His mother died recently and left him some money in her will. His wife now wants to divorce him to get some of the money. Would she be entitled to it after being seperated for so long? :)

[WendyS]

Probably yes.. I'm not sure that the length of time they have been separated makes any difference. Financial settlements are normally agreed on divorce rather than separation.

[innocenti]

She probably would be entitle do to a share. However with the seperation being for 7 years the amount would be reduced to reflect this.

[Stu Dent]

If in Scotland then no. It is not matrimonial property even though they are still married. All property acquired by them after the date of separation is individually owned. In addition, even if they had never separated and were living happily together it still would be owned solely by your blokes friend. Inheritance property is not matrimonial property. However the court would give regard to the resources of both parties. So if X inherits 1m and owns a share of the matrimonial home with Y who is in hardship, the court may give Y 100% of the home they own.

[Beanmistriss]

Its in England stu. Thanks everyone x