Restriction K, Divorce, and Inheritance?

[ericsbrother]

pension also up for grabs if you wish.

 

 

Stop taking this all presonally and get down to business in a businesslike manner.

 

 

doesnt matter what he wants or does any more or how he is likely to behave.

 

 

File for divorce,

you dont have to get him to agree,

you have been separted long eonough and use whatever reason you wish,

unreasonable behaviour, adultery, etc.

He can hardly deny any of it!

[maddiemay]

You're right, business like is how I need to be looking at it, there's no care for me anymore from the family so why waste my time caring about what they'll think of me.

I need to wait until he's got it though before divorcing him, currently he has zero!

I can at least find a good solicitor in the meantime.

Thanks again everyone, I have to remember none of this was my fault, he chose to be adulterous and turn my life upside down, not me!

So grateful for the advice and moral support x

[honeybee13]

Good for you, MM. You're a survivor, not a victim.

 

HB x

[ericsbrother]

it will go to a family court at some pint so no harm is starting things. We still havent had a definitive answer about what stage this purported inheritance is at. If you delay things and the persons he is due an inheritance from are already dead he may well just hide the cash in a polythene bag in the gardento avoid handing anything over! Anyway, he cant hide the pension pota nd you can get that ring fenced so if he then casjed it in the pension company have to compensate you out of their own pockets and knowing that makes them more cautious in allowing him access to it.

[maddiemay]

Oh I'm sorry, he will be getting a lump sum before the death (don't know how much but our son is getting 50K so expect it to be more than that) he will inherit the rest including the shares in the properties after the death. Ex FIL is terminal, probably 1 year max.

 

If I start proceedings now and it goes through quickly I might get some of his "to spend now so FIL can see him enjoy it" but doubt it as he'll keep it hidden in the girlfriends account or indeed in his fathers account, plus it might not be as much as it will be when he gets the rest.

 

Sounds so callous talking about it like this, this is a person dying who was once a massive part of my life, but I highly doubt he lost any sleep over me disappearing from his life so why should I care anymore!

Edited November 29, 2016 by honeybee13
Paras.

[Mr.P]

Oh I'm sorry, he will be getting a lump sum before the death (don't know how much but our son is getting 50K so expect it to be more than that) he will inherit the rest including the shares in the properties after the death. Ex FIL is terminal, probably 1 year max.

 

Ah... With the testator still alive, that negates quite a bit of the advice given earlier in this thread. You may need to bide your time and see what a solicitor has to say.

[maddiemay]

Yes I will do that, to be perfectly honest it's a huge relief to know the restriction isn't going to be a problem, so for now I'll carry on plodding along enjoying my life, and not being terrified to answer the door for fear of bailiffs being there! That in itself is a win!

I will keep you updated

[ericsbrother]

there is always the "reasonable expectation" argument to keep the matter alive. That costs money to chase though if FiL then changes his will to attemuate the effects of your claim against his lovely son

[maddiemay]

Hi Eric's brother, I'm not sure what you mean by the above post?

I'm sure FIL will have come up with something as like I said before for years he's been trying to figure out how to avoid the beneficeries from paying inherirence tax, to be fair he's not a great business man, just been very lucky in having a leg up early on with a win, which enabled him to start his property empire

However he does it it'll have to involve a will, won't it???

[king12345]

The fact that the fil is still alive changes things.

 

If they take legal advice they might be able to shift the properties and split the cash leaving you out.

 

As you talk about a property empire and not much time left before the fil departs, inheritance tax is unavoidable.

 

Not your problem really.

 

I still think that you should speak to a good solicitor and see if your interest in the fil estate can be translated in money.

[maddiemay]

Do you mean sell the properties and just hand him a bunch of cash which he can keep under his, oh I mean his girlfriends mattress?

[king12345]

Do you mean sell the properties and just hand him a bunch of cash which he can keep under his, oh I mean his girlfriends mattress?

 

Yes, he would pay inheritance tax, but he could do that.

A solicitor will know if this process can be stopped by you.

Because you're still married to him, you definitely have an interest in your husband's assets and income, including inheritance.

Your grown up children also have an interest.

What I don't know is how to officially register your interest and stop them from disposing of the properties and hide the cash.

[ericsbrother]

It is still FiL property to do what he wants with. as long as he doesnt need to go into council funded care he can sell the property and give away the cash to whoever he wants to. That will obviously create an IHT issue but that will still keep you out of the loop.

What you cant afford to do is just sit there doing nothing and hoping that it will all fall into place. The relatives will all stick together as money is involved.

If the FiL dies without a will then the money and assets are divvied up according to a set formula and that will casue problems for everyone apart from you. As he has obviously been considering all of these matters this scenario is most unlikely so you have to get your marker down pretty quickly.

[maddiemay]

Definitely has a will, no doubt about that. Definitely won't need care. No one actually knows I know the distribution of the assets has changed from what it was always going to be, it's only recently changed to include my husband, he doesn't know I know, I'm not even sure if he knows he's now getting a share.

I'll know when he does though as I'll get served a divorce petition

 

I can't act too soon as he's not passed away yet

[maddiemay]

How bizarre, I had a letter this morning from the creditor with the big restriction (they're still referring to it as a charge) oddly enough just addressed to me, as if it's my debt!! They say they are writing under the regulators conduct of business to make me aware of the debt.

I hope they sent him one too!!!!

Does anyone think I should contact them (I have in the past, and I think that's why they've written because they don't know what's going on, they know he doesn't live here) and alert them that he's coming into money and will have interest in properties, or just keep quiet until he has??

I'm sorry to be a burden but just when I start to relax a bit, this pops through the letter box to remind me that I can't.

[king12345]

Can't advise on this letter, but with regards to the inheritance you need to see a solicitor.

My friend years ago was prevented from even selling his caravan because his ex wife solicitor had put some sort of condition to his assets.

Mind you he had 2 small children.

Don't know what the solicitor did, that's why i suggested you see one.

They'll know if something can be done to stop him run away with the money.

[ericsbrother]

cant act too soon? well, if you dont start things rolling it will be too late. Back to the "reasonable expectation" thing.

Definitely has a will, no doubt about that. Definitely won't need care. No one actually knows I know the distribution of the assets has changed from what it was always going to be, it's only recently changed to include my husband, he doesn't know I know, I'm not even sure if he knows he's now getting a share.

I'll know when he does though as I'll get served a divorce petition

 

I can't act too soon as he's not passed away yet

[maddiemay]

I'm very confused, how can I ask for a share of something he hasn't got yet, at the moment he lives with a woman in her house, and is working on piddly little jobs, if I do anything now, I'll get 50% of nothing. Surely still being his wife whether he likes it or not gives me more claim when the time comes.

I'm not the brightest at being devious so some help will be very appreciated

[king12345]

You have interest in his assets, including inheritance because you are still married.

It's not as straight forward as getting an inheritance yourself, that's why you need to speak to a solicitor.

The first advice would probably be to delay the divorce for now

[maddiemay]

Thank you King, that's was my thought,

delay the divorce,

at the very least if he starts proceedings any time soon it's going to look like exactly what is is, that he's now suddenly desperate to divorce me so I'm not entitled to anything.

 

 

He's on his second relationship,

the first one he was even engaged to

(which everyone thought was hilarious as he's still married)

 

 

up until March this year was still telling me he still loves me and might want to come back!

 

 

That's not the case now since gf number two isn't a nut job like number 1 turned out to be, nor would I have him now, but it might be relevant in the battle to get anything I'm entitled to.

 

So in short then,

I shouldn't start or respond to any divorce proceedings,

but I should seek legal advice and get a solicitor lined up with all the info ready to act?

[BazzaS]

You have interest in his assets, including inheritance because you are still married.

It's not as straight forward as getting an inheritance yourself, that's why you need to speak to a solicitor.

The first advice would probably be to delay the divorce for now

 

Until the testator dies, there is "no interest in a possible inheritance" - as the testator can change their mind / change their will, or dispose of the asset elsewhere prior to death.

 

 

Thank you King, that's was my thought, delay the divorce, at the very least if he starts proceedings any time soon it's going to look like exactly what is is, that he's now suddenly desperate to divorce me so I'm not entitled to anything. He's on his second relationship, the first one he was even engaged to (which everyone thought was hilarious as he's still married) and up until March this year was still telling me he still loves me and might want to come back! That's not the case now since gf number two isn't a nut job like number 1 turned out to be, nor would I have him now, but it might be relevant in the battle to get anything I'm entitled to.

So in short then, I shouldn't start or respond to any divorce proceedings, but I should seek legal advice and get a solicitor lined up with all the info ready to act?

 

Yes, you may decide not to push for divorce prior to the expected demise of the the expected testator, but if the husband pushes for a divorce prior to the testator's death, the OP will have no claim on a "possible inheritance" prior to the person's death.

What I don't know is if they can "go back for a second bite at the cherry" once the death occurs (after the divorce), on the basis of a significant change in the husband / ex-husband's assets.

[king12345]

Until the testator dies, there is "no interest in a possible inheritance" - as the testator can change their mind / change their will, or dispose of the asset elsewhere prior to death.

 

Yes, you may decide not to push for divorce prior to the expected demise of the the expected testator, but if the husband pushes for a divorce prior to the testator's death, the OP will have no claim on a "possible inheritance" prior to the person's death.

 

What I don't know is if they can "go back for a second bite at the cherry" once the death occurs (after the divorce), on the basis of a significant change in the husband / ex-husband's assets.

 

I disagree based on my friend experience.

 

If the fil disposes of his assets before dying and gives the husband nothing that's fine, but if he gives him money or properties the op would have an interest.

 

Of course the fil could give hard cash (banknotes) to the husband making it look like he got nothing.

 

Apart from that scenario,

if the op is still married on fil death or if the fil gives something to husband before death, she would be entitled to a slice of the cake.

 

As said many times, a good solicitor will know the best course of action.

[Old Cogger]

Be very careful with some solicitors

- they will try and get you to state

= No recourse to the other party in respect of Inheritance etc

 

 

state your case for part of any divorce proceedings that YOU get any percentage i.e. 50%,

they will try and hold out BUT you can hold out longer,

 

 

if you are not in a hurry I lost out 1,000s having lost my job as well & struggling, so be prepared for all eventualities. "Forewarned is Forearmed"!

 

the person who caused the divorce came off better in most case.

[BazzaS]

Re: "no interest in a possible inheritance"

 

I disagree based on my friend experience.

If the fil disposes of his assets before dying and gives the husband nothing that's fine, but if he gives him money or properties the op would have an interest.

Of course the fil could give hard cash (banknotes) to the husband making it look like he got nothing.

Apart from that scenario, if the op is still married on fil death or if the fil gives something to husband before death, she would be entitled to a slice of the cake.

As said many times, a good solicitor will know the best course of action.

 

If it is given before death, it isn't "an inheritance"! (though the estate may be liable to IHT once the death occurs, as a PET that has become liable, but that is a different issue).

Note: PET. T - transfer. "Transfer", not inheritance.

 

So, if given a) before the f-i-l's death, and b) prior to divorce, of course the wife has an interest in it, after the transfer ......

Hence "no interest in a possible inheritance" .... if it is a transfer (pre death), it isn't an inheritance, while if death hasn't yet occurred, there may have been transfers, but there is no inheritance (yet)!.

[king12345]

Re: "no interest in a possible inheritance"

 

 

 

If it is given before death, it isn't "an inheritance"! (though the estate may be liable to IHT once the death occurs, as a PET that has become liable, but that is a different issue).

Note: PET. T - transfer. "Transfer", not inheritance.

 

So, if given a) before the f-i-l's death, and b) prior to divorce, of course the wife has an interest in it, after the transfer ......

Hence "no interest in a possible inheritance" .... if it is a transfer (pre death), it isn't an inheritance, while if death hasn't yet occurred, there may have been transfers, but there is no inheritance (yet)!.

 

Exactly, that's why i said that most likely a solicitor would advise on delaying the divorce.

As pointed out, a lot of solicitors may give false hopes and charge a lot of money.

Finding one for a consultation explaining that you haven't got much money and only want to know your rights may do the trick.

Also, check your home insurance or union membership, there maybe free legal advice linked to it.