Is My Wife Entitled To Some Of My Inheritence

[winkyridg]

Hi, my wife and I have been seperated for just over 2 years, but not divorced, I'm due to get an inheritence soon, would my wife be entitled to any of it? We have discussed this previously, she said she didn't want any so i offered to share it with my children instead, I know my wife and am a little concerned that once I've given what I intend to give my children that she will then try to get her share if entitled, the inheritence is from my mother, her and my wife never got on, I know that the fact they didn't get on would mean nothing legally but my mum would not be happy if the above scenario did happen, many thanks in advance :-)

[Dogsbody2]

It's your inheritance so you can do what you want with it. Your wife wouldn't actually have been entitles to share in it had you not been separated.

If you choose to give some or all of the money away (and there are limits on doing that - it becomes a potentially exempt transfer and you would have to live for 7 years after the gift for all of it NOT to be included in your estate) then you have no control on what your children choose to do with their gift.

[woofgang]

The only way that she might be entitled to any money from you is if there is any outstanding divorce settlement or maintenance due.

[EDDIE51]

When /if you do get divorced the inheritance will be part of your assets.
So 'Yes 'your wife will be due part of it as a divorce settlement.
If she is so inclined, the most advantageous thing for her to do would be to start divorce proceedings as soon as she knows you are due to get the money.
There was a case awhile back where a couple had been divorced for several years with all the finances settled. Then the ex husband won a lot of money on the lottery. The wife claimed a % of the win and took her ex to court to get it,the court upheld her claim and he had to pay her a % of his win.
So in my opinion, your wife would be entitled to part of your inheritance and even if she says now that she is not interested in it she can still change her mind even years later. In fact I am sure a divorce lawyer will tell her to stake a claim.

[Prudie]

I agree with Eddie and it actually happened to someone I know who was separated - his wife claimed part of his inheritance from a family member who died several months after they separated and before they were divorced.

[murraymints]

any money in the pot as it were at the time of divorce is up for grabs !

[EDDIE51]

^^ Not just at the time of divorce. There are many cases where one partner has inherited or won money after the divorce and been forced to share it.

[ummmm]

Isn't that because they tried to conceal their assets?

[atalanta]

At some point in the divorce proceedings, probably best between the decree nisi and the decree absolute, get your solicitor to get her to sign a document saying neither party will have any further claims on the other. At least then this kind of worry can't happen again.
This happened to me - I was so grateful for this document when my ex went bankrupt and I inherited a comfortable amount.

[EDDIE51]

^^Atlanta Even a document such as that can be overruled by a court if one party has a 'substantial change of circumstances' after it was signed.
I do not think it would mean you had to use your inheritance to get your ex out of bankruptcy though.

[woofgang]

From the experience of friends, the "being able to to demand more money if the spouse comes into money" can only be activated a, if there is money outstanding from what has been agreed; or b, if the original settlement was limited by the lack of assets. So one party sets out what they need/think is fair, mediation/court agrees, but the other party can demonstrate that they haven’t got that much money. Settlement is made for a lower amount but paying partner comes into money so t’other partner can apply for re assessment.

[clairson59]

You should check out the legal aspects of this. It is possible your wife will not be able to make a claim on the money if you have been legally separated for 2 years or more when you receive your inheritance. I knew a guy who won a large sum of money after he and his then wife had separated. Because divorce proceedings had begun she was not entitled to a share. If you and your wife are still legally married and have not started legal proceedings any money you get could be included in any financial settlement included in your divorce as the money will be counted as a shared asset gained while you are married.

[Peter Pedant]

I have to say I agree with Clairson

The assets get cut in half on the date of the decree
and if you have inherited by that date then she has a claim

BUT I have no experience in this area

[woofgang]

I know of two separate cases where the amount has been reassessed after decree absolute. In one case the payer requested reassessment, in the other case the payee.

[Peter Pedant]

.

http://www.divorceaid.co.uk/financial/index2.html

is quite useful