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Legal, pensions and money

When I die

(10 Posts)
Starlyte Wed 30-Nov-22 22:22:58

I live in France, which is difficult.
I inherited quite a bit of money from a friend.
My son is in train to divorce as his wife, when she discovered she would not cash in told him she had another guy.
If I die, which I don't intend doing yet, before the divorce is complete will his wife still have the right to cash in on his inheritance?
I am not being bitchy, she has done some awful things, and has finally showed her true nature.
My son told me to spend everything as she would try to return to him if he was richer. After 23 years of marriage its not easy if your partner tries to return after a break up. He is very influenceble and she is very manipulater. He came over here after my friend died, for 2 or 3 weeks. After he got back his wife sent me an sms asking where was the money. It takes ages here, and her attitude annoyed me. When I told her it would be months, and I was on the will, but if I died first, my DS.
Then she told my DS she loved someone else.
They have 6 kids, 2 now with DS and the others either left DIL or got thrown out by her.
Anyone one know the legal situation if the divorce is still not finalised and I get run over by a bus? Can she inheritance still?

Hithere Wed 30-Nov-22 22:27:40

Perfect question for a lawyer!

Good luck

Cabbie21 Wed 30-Nov-22 22:40:56

Is your son in France as well? If he is, then French law will apply to the divorce, not English. ( This site is mainly used by British people, though not exclusively.)
As far as I am aware, the very recent nature of the inheritance may be taken into consideration, but there is no simple answer. Your son needs to consult a solicitor.
Maybe you could consider rewriting your will so that the grandchildren inherit the “ new” money, rather than your son? But that is your decision, and something you can discuss with your solicitor.

Starlyte Thu 01-Dec-22 15:21:33

My DS is in England, and is married there. English marriage.
He is British, as am I.
It concerns English law for his divorce.
My will is under French law, which is different, and automatically makes him heriter when I die.
It's the English marriage problems that are my concern.

Cabbie21 Thu 01-Dec-22 16:29:15

Thanks for the clarification. I cannot add any more, I am sorry.

Sandytoes Thu 01-Dec-22 20:53:46

My son could have potentially inherited from his grandparents while awaiting divorce from his ( cheating ) wife . He was advised to get a financial agreement signed by both parties agreeing that no inherited money could be claimed if it was inherited after their separation. Fortunately they both agreed on this and terms were negotiated between their solicitors. This agreement has become part of the divorce application. If they do not mutually agree then he will need to go to court, to get a financial agreement.

M0nica Thu 01-Dec-22 21:18:01

As far as I know, a divorce settlement is based on the assets the two parties hold at the time of their divorce. No consideration will be given to money they might, or might not receive in the future.

Oopsadaisy1 Fri 02-Dec-22 01:19:03

Monica when MzOops was divorced a couple of years ago, her ex’s Solicitor wanted to know how much money she could expect from our Estate when we died. She told him to get lost
But if he wanted to know that then her Solicitor would want to know how much her exes Parents estate would be worth when they died too.
So, they will try anything to get at potential earnings/pensions and inheritance.

Katie59 Fri 02-Dec-22 07:36:17

Will his wife be able to claim on his inheritance?.

Potentially yes, the value of any potential future inheritance can be taken into account. A friend is divorcing, she has 4 children and very little cash, poor employment prospects, nor has husband but his parents are rich. Her solicitor is trying to get inheritance included, still ongoing.

M0nica Fri 02-Dec-22 07:42:38

Katie59/Oopsadaisy. In other words, future inheritances are only taken into account under limited circumstances and claims against them are usually unsuccessful. It is not the norm.