MichMoor Posted January 28, 2013 Share Posted January 28, 2013 Hello All, Unfortunately my father passed away suddenly last week, he did not leave a will so after the legal mess the estate will be shared with my sisters, do not think inheritance tax will apply. However I am concerned my ex may try to make a claim. We split in June 2010 she left me for another man and left me with most of the debt, have been paying it off. We agreed to wait for the 2 year seperation rule and the divorce was finalised in October 2012, no solicitors was involved, straight divorce. She is a professional woman who earns more than me so would not be reliant on me for maintenance. I am concerned because I have heard stories of ex's claiming inheritance even after divorce, there are no children involved. Thanks in advance. Link to post Share on other sites
TaraMaiden Posted January 28, 2013 Share Posted January 28, 2013 Why are you asking here? The responses you got on the money expert website were spot on. If you'd done things through a solicitor, then they probably would have advised the agreement. As you didn't - then, yes, she can. Link to post Share on other sites
WinterBoy Posted January 28, 2013 Share Posted January 28, 2013 Dunno, but if I were you, no matter what responses you get here, I would speak to a lawyer, if you actually think she'd come after your inheritance, that is. Link to post Share on other sites
tbf Posted January 28, 2013 Share Posted January 28, 2013 I'd be surprised if she could considering how your divorce was finalized a few months prior to your father's death. But this is from a layperson's perspective so you'd best contact a lawyer for opinion you can rely upon, especially considering how UK law is applicable in your situation. Link to post Share on other sites
Author MichMoor Posted January 28, 2013 Author Share Posted January 28, 2013 I came here cos I wanted as broad response as possible I did get mixed replies from MSE Link to post Share on other sites
carhill Posted January 28, 2013 Share Posted January 28, 2013 (edited) Superficially, UK law tends to support the inheritor as sole and separate owner of inherited property except in certain mitigating circumstances, with one example being an inherited home which was the family sole residence and where the family's children reside. I had unfortunate occasion for my mother to die about two months before our D was final and I had to append my financial disclosures to indicate receipt of assets from her trust. In mediation they were excluded but, nevertheless, on advice of my lawyer, I disclosed everything, just to be safe. This kind of stuff is what a solicitor is for, or use the CAB as a resource. Make sure everything is done legal and proper. ETA, as your divorce is finalized and your marriage dissolved, your inheritance is to you as a divorced person. The ex-spouse should not be a factor, as you were not married to her at the time of inheritance. Edited January 28, 2013 by carhill 1 Link to post Share on other sites
tbf Posted January 28, 2013 Share Posted January 28, 2013 I did find this, which is a question and answer type column where something similar was asked and replied to, by a U.K. solicitor: ASK THE EXPERTS: My son's ex-wife wants half of what I leave him | This is Money J.T.writes: My son divorced five years ago after 28 years of marriage. There are no dependent children and no order for maintenance was made. Now his ex-wife claims she is entitled to half of any inheritance he gets from me. Is she right, and would he be due half any inheritance that she gets? A.L.replies: With divorce, it is sensible to record the financial arrangements. This is done with a ruling, sealed by the court, known as a consent order. It details the agreement reached and dismisses any future claims against each other. If none was made, and if neither party has since remarried, claims from your son’s ex-wife remain open, as do his claims towards her. If either were to acquire a ‘windfall’ in the future, such as an inheritance or Lottery win, a claim could be made for a share of this. However, a court would deal with assets acquired after a divorce quite differently from those accrued during marriage. The person making the claim would have to demonstrate exceptional circumstances as to why they should receive a share, the most obvious being that they would otherwise suffer undue hardship. 1 Link to post Share on other sites
Author MichMoor Posted January 28, 2013 Author Share Posted January 28, 2013 Thanks for the above TBF most helpful advice yet. I know I should have gone to a solicitor and in a ideal world I would have however without going into too much detail of what happend I was pretty shafted and just could not have afforded it at the time and took the path that seemed the best at the time. Hindsights a great thing! 1 Link to post Share on other sites
Author MichMoor Posted January 29, 2013 Author Share Posted January 29, 2013 Just come back from a freebie session with a Solicitor he was sure she will not be able to make a claim on my inheritance. 1 Link to post Share on other sites
Chi townD Posted January 29, 2013 Share Posted January 29, 2013 Good! I didn't think that she could make a move on any money that is accumulated AFTER a divorce. She could TRY and make a play for it. But, I don't think she'll win. You stated that she's very self sufficent and is able it pay her bills and get by on her own. No reason to award her any money. By the way, I'm sorry for your loss. Link to post Share on other sites
Steen719 Posted January 29, 2013 Share Posted January 29, 2013 Good! By the way, I'm sorry for your loss. Me, too. So sorry for your loss. Link to post Share on other sites
Author MichMoor Posted January 29, 2013 Author Share Posted January 29, 2013 Thanks for your sympathies Link to post Share on other sites
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