Inheritance and divorce.

Absentgrana - I do not wish to muddy the waters vis my DB and his situation. My mother asked me to see if I could find a way round the matter of his estranged wife.

Forgive me, but from my personal point of view my mother not wrting a will will suit me best. If she writes a will, I will be left out altogeher as she considers my DB to have needs ( and she considers me able to work and look after myself). However that is another story.

My aunt was intestate ( this is where the bulk of my mothers money has come from) and I did her letters of administration without a solicitor at all. There was not problem.

I do not expect my mother to pose more problems if she has no will as it will split between myself and DB - no one else involved.

I suppose because I prefer not to see my DB ripped off for a quarter million, I would like to see his wife issue settled. Maybe if I can convince him to get a divorce or hope my mother lasts five years (quite possible) and then he can divorce.

I have seen several wills where money has been slated away and not gotten where it should so forgiive me for being cynical.

I guess my DB will have to grin and give his money to his estranged wife.

Maries I should have thought it was your mother's choice how she leaves her money. Obviously, you feel an entitlement which you didn't express in your original post. I shall shut up and go away now.

Absentgrana, it is indeed my mopthers choice how she leaves HER money. I have no claim other than being her daughter ( my brotyher is adopted btw - not as that should be an issue).

However, my mother does see it as my duaghterful duty to look after her in sickness and to take care of her etc. This is not to be paid. This is because I am a daughter. My brother is not expected to do any such tasks.

So, whilst it is my duty as daughter to take care of my mother and ensure her care and whilst as you (rightly) point out it is Her money to place as she chooses, I do not see as my duties and obligations strech as far as my placing myself deliberately into a position where I shall be disinherited
(which would be the case if she writes a will).

As you said its her money and she can do as she wants. IF she wants to consult a solicitor and write a will that is her choice. I do not think though that my duty and obligation as a daughter stretches to helping her/ ensuring she does do that though.

Maries, As I read it at the moment you want legal advice and help but don't want to pay for it. Unless you are constrained by a very low income, where the Citizen's Advice Bureau may be able to help, and I suspect that is not the case, if you want a safe and sure legal way of dealing with your problem you need to speak to a solicitor, they will often do a brief assessment meeting for free and let you know what the costs of drawing up a will etc will be and pay for the assistance you need. Consider the alternative; if you do nothing and your mother dies intestate (not having made a will) your brother will receive his half of the estate and it will all be in play for his estranged spouse.

It seems Maries doesn't want her mother to make a will, as she herself will not be left anything and it would all go to her brother. That's the bottom line.

In my experience, Citizens' Advice Bureaux will also advise consulting a solicitor. Some larger Bureaux have solicitors on board, but they are in a minority and shrinking all the time for lack of finance.

Ok, I think the goal posts have moved.

I would actually be thorough p****d off if I had a mother who expected me to look after her just because I was female and yet was prepared, if she bothered to write a will, to leave everything to a brother, was not expected to lift a finger and one who might easily lose half of that inheritance to his estranged wife.

Yes. I don't really know why Maries is asking for advice. The only way to avoid SIL getting her hands on any of her mother's money is for mother to leave it all to Maries in her Will. Which could then be contested, and anyway it sounds as though her mother wouldn't do it.

I askedfor advice and I received that and I am thankful to allwho answered.

I wanted to know if it was correct that myDB's estranged wife could claim any inheritance and it seems itscorrect.

I wanted to know if it could be corrected and it seems the way suggested here is that this can only be done with a will and a solicitor. Fair enough, I got an answer.

Personally I am on a low income - lower than my DB in fact. Leabing aside much of what has gone on in the past, I am not placed to pay for advice myself ( and DM would expect I did that for her too). so I thank the person who suggested an alternative.

Yes, I am p**d off that my DM , who I love very much btw, has seen fit to think now that she would leave all her money ( including money which was left to her forboth me and my DB) to my DB ...... but as was said, its her money.

We are not a traditioanlly will writing family (some are, some are not, some although it may surprise here, just leave verbal instructions, although that seems to get missed here sometimes)

My parents had a business and I worked in that unpaid for 10 years ( my DB was paid to sit on his A*se and play music btw - I have written about this elsewhhere in relationships). and it was alwys an agree ment with my dad and mum that when they passed away half the inheritance would come to me and this was my "payment" with interest for my years of service. That goal post has changed since my DD died.

But I will do what I can for my DM - but that does not include hiring a solicitor to disinherit me I am afraid. As I said, if she goes to one and gets it sorted, I have done my job. DB wont lift a finger so its up to her.

Thanks for the information,I will tellmy DM what I have found out - my job done.

Maries, I am sorry I was a bit brusque but your last email changes the picture. If you worked unpaid or for low pay in a family business on the understanding that you would inherit half the estate on your death, if your mother makes a will leaving everything to your brother you can sue for proper provision from the will because of the circumstances around your work in the family business.

How ever taking into account your limited income. Your best tactic is to make no effort to get your mother to make a will because if she dies intestate the estate will be shared equally between the two of you. You will get your half. Perhaps the time has been reached where your brother should be left to sort his own problems and you should protect yourself. Discouraging will making protects your interest and costs nothing.

You will need a solicitor to deal with the intestacy when your mother dies and that will be paid from her estate. When this happens visit several solicitors and ask them how much they will charge, this is usually quoted in terms of a percentage of the value of the estate. A solicitor will make sure that the estate is divided equally and fairly