Possible inheritance being put in the pot.

Hi everyone!

I am new to this site I am thinking about divorce.We have been married for 25 + years.

My Mother is elderly but currently looks after her own affairs. There is no imminent inheritance, at the moment but the risk is not trivial, in the near future. She has indicated that I would be the main beneficiary in her will. I could inherit a substantial inheritance.

My wife who has not worked for several decades is likely to need substantial capital / maintenance just to live as she only has a small pension (£5k per year) that she is drawing, We are in our fifties. I have only just started looking at this but my perception is that if I go for a "Clean Break" I guess will be left with no capital(sale of £260k+ house,perhaps a car (for business) no mortgage but a modest pension,£15K per year which I am drawing at the moment. I am currently working as a sole trader. I work from home and the assets are only £10,000 (equipment cost for replacement).

What I am really concerned about is that any divorce would be deliberately spun out in the hope that the inheritance might become imminent which I would prefer to avoid.

What can I do about this, please?

My mother is unlikely to agree to any trust fund etc.

Is there a point of safety in the proceedings?

Courts do not seem to be all that eager to try and predict how long it will be before Great Aunt Jemima turns her toes up.

It is sometimes possible that, where the potential testator is close to death, the Court would agree to adjourn but I do not think that a Court could or would make an order against you on the basis of an assumption that you would receive such and such a sum.

Even if you are named in her will, wills can be changed and parents these days are getting increasingly aware that a legacy to their children can be attacked by the former spouse.

I think that if your wife is as stony broke as you say, you would be vulnerable if you inherit something.

There is a timetable for Court proceedings so from your point of view it''s a case of trying to make sure she sticks to it.


LMM

There is also the issue of continuing healthcare if that is required. If your mother is still looking after her affairs but is frail, she may need to go into a home at some stage and her estate will bear some/all of her care home fees.

Charles

In a similar situation one of those involved got hold of actuarial tables to provide an estimate of life expectancy to the stbx.

And whilst your mother may intend to make you a beneficiary now, who is to know whether she will change her mind and leave it to the cats'' home or a toyboy at some point in the future?