Inheritance and divorce.

Really absentgranna? I have just read the DIRECT GOV website and it says it is. Unreasonable behaviour is a separate category. Its the quickest divorce category according to them although not much used. Not as I think DB will file for adultery because it is likely to cause even harder feeling I am sure.

There wasnt going to be a DIY will. We all worked out intestecy would leave everyone better placed ( no contesting of wishes) and the tax is being got round in other ways. We have been on the end of wills which do not go right. You would be surprised what some folk will do for money. I have been shocked over what a distant relative did when my aunt died. And the tale I could tell about my DH's "inheritance" would make you hair curl! That was with a will.

absent We are at one over this issue. This is emotional blackmail and should not be given in to.

One consultation would not break the bank, Maries, and could save a lot more heartache (and money) later on. Maybe sooner than you think, and it is too late to alter anything once your mother's will becomes active. At least ask for an estimate of what a consultation would cost you, and then mentally subtract that from what she would cost without doing it. you can judge whether it would be worth it.

She would not know anything about a confidential talk with an expert, so could not react. As it is she has your brother over a barrel and knows that he will not upset the apple cart even if he is in the right.

Maries Adultery, as such, hasn't been grounds for divorce for decades, although it can be used as evidence of unreasonable behaviour.

Your mother could consult a solicitor without running up a huge bill and there is absolutely no way your sister-in-law need know about it, so emotions don't come into it. Spending a little money might avoid a complete and very expensive mess after her death if she does a diy will.

There will always be the question of the child in any sort of divorce, but courts seem to pay rather more attention to a child's need of both parents these days.

PS - SiL will put the child into the battle. She has no scruples on that.

I think we would rather not, at least initially, like to line the pockets of a solicitor or indeed cause emotions to run high as a result of solicitors.

DB could petition adultery of course but it is likely to lead to a battle over the child - and one which may cause even more emotional turmoil.

Just looking for possibilities really. Thanks.

Yes, it would be worth the cost of your mother consulting someone who specialises in inheritance law and estate planning. How about a trust fund?

It could also be worth the trouble of your brother consulting someone about divorce proceedings - it sounds as though he is the "innocent party" in this, although that term does not seemto be invogue these days. Even if he does not act, it might put the wind up her so that she settles for less. Fight fire with fire.

I am pretty certain that there is a way round this but, as already pointed out, your mother and brother should get proper legal advice. By the way, your sister-in-law cannot delay divorce indefinitely. After a certain number of years living separately, divorce can take place even if she doesn't consent. Again, your brother should get proper legal advice. He might also like to ask about divorce now on the grounds of unreasonable behaviour, given that she has chucked him out of the marital home and has, apparently, been having flings.

Your brother should consult a solicitor
It would be very unwise to act on advice given on a forum by people who do not know the full circumstances however well qualified they may be