Inherited money

[bontess]

After my divorce I inherited some money. Does my ex husband have a claim on this.

[NoGood Boyo]

Not on the face of it, in the absence of more information. However, he may inherit it if you die, if you had previously made wills in favour of each other, unless you have changed your will(s). Marriage invalidates previous wills but divorce does not.

[Didwot]

Unless he has remarried, or there has been a court order in the divorce proceedings dealing with his potential claims then he theoretically can apply to the court for an order seeking a lump sum order. Whether the court would be likely to grant such an order depends on all the circumstances.

[Oneeyedvic]

<P>Sorry to contradict NoGood Boyo, but a divorce does invalidate a will.</P>
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<P>The only claim he may have is if (a) you somehow delayed proceedings in the inheritance until after the divorce (and I mean as an example not agreeing to the sale of a house etc) or (b) if there are children involved which he has custody over. The inheritance may affect any maintenance payments.</P>
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<P>If you were to win the lottery 2 days after receiving your decree absolute he would not get a thing.</P>

[Didwot]

To get the point on wills sorted out, divorce does not invalidate a will, but any will is treated as if your spouse had predeceased you. There is a note to this effect on the decree absolute. So your ex will not inherit after your decree absolute, but any other gifts will still stand.