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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32912
Experience:  Award winning lawyer with over 15 years experience
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I am separated from my husband, my father is 85 years old,

Customer Question

I am separated from my husband, my father is 85 years old, will my husband be entitled to half my inheritence upon my fathers death
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
Thanks for your question. Please remember to rate once you get my answer.
Have you divorced? How long have you been separated?
Customer: replied 1 year ago.
Not divorced, been separated for 6 months was married for 11 years
Expert:  Thomas Judge replied 1 year ago.
The starting point would be that you need to get divorced. Whilst you remain married the assets of any inheritance (should your father die before the divorce) would potentially go into the pot of assets. As such your husband would on any distribution of the assets seek his share. Otherwise if your father lives and you get divorced sooner rather than later then it would not usually be the case that the assets would fall within the pot.
I hope that this helps
Please remember to rate.
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you.
As a reassurance since you are already separated were your father to pass away there is no question of your ex automatically being entitled to a share of your inheritance.
The only risk to the funds would be if there were insufficient assets available otherwise to meet your ex's reasonable needs (likely to be modest given the length of your marriage and your likely ages) - otherwise the only effect would be that having these funds available would make it less likely that you would receive more than 50% of the matrimonial assets
Please ask if you need further details
Clare
Expert:  Thomas Judge replied 1 year ago.
If you have any additional questions arising then I would be delighted to assist.
Please remember to rate
Customer: replied 1 year ago.
There would be no assets in the marriage, we rented the property we lived in and I left the home with only my personal belongings leaving him with the car, furniture, etc. throughout our marriage I was the only one working and contributing to the household. I now have a job with very low pay and as far as I am aware he is not working.
Expert:  Thomas Judge replied 1 year ago.
So he might attempt to advance a claim for support for his reasonable needs. The advice remains to divorce sooner rather than later.
I would be happy to help further.
Please rate