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Inheritance following divorce

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  • Inheritance following divorce

    I'm looking for some guidance please. My mother who is in her 90's has left a will naming her 3 children as beneficiaries. Each of the children has become divorced.

    When the divorce was going through, my mother issued a letter saying she was disinheriting the child who was going through the divorce as she did not want the ex partner or their children to be able to have any claim on the inheritance.

    The child then stated in the financial settlement that they were not due any inheritance.

    4 years ago after all divorces were finalised a new will was drawn up naming the 3 children as beneficiaries.

    What are the risks of an ex partner claiming a right to some of the inheritance in the above situation?

    What can be done to remove any risks of any claim being made?

    My mother is well and in full control of her facilities.

    Many thanks

    Milkman
    Tags: None

  • #2
    Hi Milkman007,

    Just to be clear your mother has changed her Will officially now, to benefit all her children is that correct? Leaving a letter with a Will does not necessarily change the Will itself. If she has not ensured the legal requirements for the new Will are complied with, then the old Will would stand.This may not be an issue in any event. It may be sensible to make sure the Will is legally valid if your mother has full mental capacity and it was not prepared by a specialist in Wills.

    Unless one of the ex spouses was being financially supported fully or partially by your mother when she passes away then they have no claim against the estate of their ex mother in law. The only possible action that could occur, would be in relation to the grandchildren, if for example your mother paid their school fees via the ex spouse.

    In addition, if the divorces have been finalised and the financial orders have been settled then it would also not be possible for a claim to be brought against the estate of the ex spouse, even if they had received a substantial inheritance between their divorce and their death.

    Grandchildren couldn't claim against their grandparents estate unless they were a dependant, so for example they may receive financial support from their grandparent. They would of course have a potential claim against their own parents estate if they were still dependant when the time came.

    Hopefully that answers your queries?

    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Originally posted by Peridot View Post
      Hi Milkman007,

      Just to be clear your mother has changed her Will officially now, to benefit all her children is that correct? Leaving a letter with a Will does not necessarily change the Will itself. If she has not ensured the legal requirements for the new Will are complied with, then the old Will would stand.This may not be an issue in any event. It may be sensible to make sure the Will is legally valid if your mother has full mental capacity and it was not prepared by a specialist in Wills.

      Unless one of the ex spouses was being financially supported fully or partially by your mother when she passes away then they have no claim against the estate of their ex mother in law. The only possible action that could occur, would be in relation to the grandchildren, if for example your mother paid their school fees via the ex spouse.

      In addition, if the divorces have been finalised and the financial orders have been settled then it would also not be possible for a claim to be brought against the estate of the ex spouse, even if they had received a substantial inheritance between their divorce and their death.

      Grandchildren couldn't claim against their grandparents estate unless they were a dependant, so for example they may receive financial support from their grandparent. They would of course have a potential claim against their own parents estate if they were still dependant when the time came.

      Hopefully that answers your queries?
      Thank you for your explanation, may I add the following.

      I believe the existing will was amended, adding a small beneficiary, that will still had the 3 children as beneficiaries at all times.

      The will was drafted by Will drafters not a solicitor.

      No ex spouses were supported by the mother at any time.


      No grandchildren have received support my their grandmother.

      So my only last concern would be, could a ex spouse make a challenge and say that in the financial settlement, the child said they were not going to inherit but there is no legal paperwork to support this claim. Could they claim the child lied?

      Milkman

      Comment


      • #4
        Hi again,

        I think you're panicking a bit too much. At the time of the financial settlement which I believe was 4 years ago and assuming your mother's health is ok currently whether you inherit or not is immaterial really. If you were pleading destitution and a parent was leaving you their home and were very sick then it would be expected this should be declared. But the inheritance isn't imminent is it and you said this settlement was agreed some 4 years ago anyway.
        People are entitled to change their wills whenever they want you can only provide the information that you knew at the time of completing the form, which would seem to be a believe that you were not going to receive anything at that point.

        Your mother has subsequently changed her Will which will be evidenced by the date it is signed I assume the date is again some 4 years post divorce settlement?

        I think you may be tying yourself in knots unnecessarily. Take a breath and try and relax about it.
        I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

        Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

        If in doubt you should always seek professional face to face legal advice.

        Comment


        • #5
          Originally posted by Peridot View Post
          Hi again,

          I think you're panicking a bit too much. At the time of the financial settlement which I believe was 4 years ago and assuming your mother's health is ok currently whether you inherit or not is immaterial really. If you were pleading destitution and a parent was leaving you their home and were very sick then it would be expected this should be declared. But the inheritance isn't imminent is it and you said this settlement was agreed some 4 years ago anyway.
          People are entitled to change their wills whenever they want you can only provide the information that you knew at the time of completing the form, which would seem to be a believe that you were not going to receive anything at that point.

          Your mother has subsequently changed her Will which will be evidenced by the date it is signed I assume the date is again some 4 years post divorce settlement?

          I think you may be tying yourself in knots unnecessarily. Take a breath and try and relax about it.
          Ok, great, many thanks.

          I will take a deep breath :-)

          Milkman

          Comment


          • #6
            I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

            Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

            If in doubt you should always seek professional face to face legal advice.

            Comment

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