Is my mates missus entitled to his inheritance?

[Stupeo]

Okay, a bit of background - my friend who i will call Mr Smith has been married to Mrs Smith for about 20 odd years. About 6 months ago, Mrs Smith walked out on my mate (and their 3 kids). Its now become aparrent that there is another guy involved with Mrs Smith although she isnt living with him.

Now, my mates mum died a week ago and he inherited a a fair amount in cash and a house etc.

Mrs Smith has now told him she is entitled to half of this as she is still married to him (although seperated). Surely this cant be right?

Ofcourse he will be seeing a solicitor about this, but it would be good to get PH advice!

Thanks,

Matt.

[Daschund]

I don't think that is right.

/awaits PH lawyer.

[Ian_S]

It would be cheaper to have her killed and less hassle.

[gazza_3]

I hope it isn't right.

[Gemsbok1000]

I think it is. Hope I'm wrong though.

[Stupeo]

If it is right, surely there must be a loophole to avoid her getting half of it? He's had a hard enough few months as it is, missus leaving him, being made redundant, finding out missus has another guy and then his mum dying!

Thanks anyways.

Matt

[Kaelic]

fking piece of scum that she is

I hope its not allowed but this fked up country with its fked up laws and rules, it would not suprise me one little bit

[Poledriver]

Ethically it is completely wrong, but since when has ethics counted in English law?

[Famous Graham]

Gemsbok1000 said:

I think it is. Hope I'm wrong though.

If HE had died, then yeah, I'd expect her to be legally entitled (ethics aside), but I'd be surprised if she's entitled to anything from one of his relatives.

IANAL E&OE etc etc

[MrVelox]

Ian_S said:

It would be cheaper to have her killed and less hassle.

If they don't find a body or a murder weapon he'll never get convicted.

[Gemsbok1000]

Famous Graham said:

Gemsbok1000 said:

I think it is. Hope I'm wrong though.

If HE had died, then yeah, I'd expect her to be legally entitled (ethics aside), but I'd be surprised if she's entitled to anything from one of his relatives.

IANAL E&OE etc etc

They're still married though so my understanding is that they are effectively entitled to half each in the event of a divorce.

[Rob.]

I`m pretty sure she could be entitled to half - although morally she should leave alone.

[MrTom]

Some people are pure evil scum. He would be better off killing her if it wasn't for his kids.

[elle]

MrTom said:

Some people are pure evil scum. He would be better off killing her if it wasn't for his kids.

[Famous Graham]

Gemsbok1000 said:

Famous Graham said:

Gemsbok1000 said:

I think it is. Hope I'm wrong though.

If HE had died, then yeah, I'd expect her to be legally entitled (ethics aside), but I'd be surprised if she's entitled to anything from one of his relatives.

IANAL E&OE etc etc

They're still married though so my understanding is that they are effectively entitled to half each in the event of a divorce.

So he refuses a divorce

[anonymous-user]

Does he have someone he can trust 100% - sibling, gran?

[ariel]

'tis true I'm afraid, she can walk away and be entitled to half. Unfortunately he'll also have to spend good money on solicitor too to get that.

[Stupeo]

haworthlloyd1 said:

technically now its the case where it is now their money as they are married (the same way their home would be theirs jointly)

however, can he prove that they split up and she left him and co-habited with another person before your mates mum died?

why did he tell her?

has he received the money yet and is he the only beneficiary? he could consider a deed of variation as she died within 2 years and if all beneficiaries are in agreement then the will can be changed - ie he could give it to a trust for him to take the income or he could hand it back to his dad etc etc. Therefore he perhaps should get advice immediately.

i don't specialise in this area so he needs advice from an IFA and solicitor.

eta if she only died a week ago it won't have gone through probate yet i don't think so he should get advice asap - he may be able to save it!

Edited by haworthlloyd1 on Sunday 2nd November 17:44

He cant prove she left to live with someone else as she is living alone.

He probably couldnt really trust any of his kids with the money either.

Okay, i'll pass the info on regarding the deed of variation - thats possible. Thanks.

Matt

[GaryHetherington]

can't he give it to his kids? then when the (soon to be ex) wife has gone the kids can kindly pay his mortgage for him! (and maybe buy him a new car every year)


ETA Kind of got beaten to that then!

Edited by GaryHetherington on Sunday 2nd November 17:51

[anonymous-user]

Has the will been executed and if so in what format?