Non-motoring > Wills/Inheritance	Legal Questions
Thread Author: MD	Replies: 24

Sun 26 Jul 15 06:57   Wills/Inheritance - MD

Good morning all. When an item, be it a property or some other tangible thing is left in a Will by a parent to and offspring and that offspring has been married for a long time, does that item become ‘owned’ solely by the gifted or does it automatically become joint property? A lad that works for me has enquired because he has conflicting opinions from solicitors of all people. And yes I have advised him to find another. Maybe Rob would know. Thanks in advance. Reply to this message | Report message

Sun 26 Jul 15 07:14   Wills/Inheritance - Zero

Depends what it is, if its property or cash then in the event of a divorce it is "joint" and in the pot to be split. If its your great great grandfathers pocket watch that saved his life in WW1 then its not. He is getting conflicting advice because there is no hard and fast answer. Last edited by: Zero on Sun 26 Jul 15 at 07:16 Reply to this message | Report message

Sun 26 Jul 15 08:28   Wills/Inheritance - MD

It is I believe, a small property. Reply to this message | Report message

Sun 26 Jul 15 09:25   Wills/Inheritance - Slidingpillar

The fact this question is being asked suggests there is more to the situation than is being said. In a suspicious frame of mind, is divorce on the cards? Reply to this message | Report message

Sun 26 Jul 15 10:24   Wills/Inheritance - Zero

it will be even smaller when its split in two Reply to this message | Report message

Sun 26 Jul 15 10:55   Wills/Inheritance - R.P.

Depends what it is and what it's worth. In theory everything is split. Lots of case-law around it, mainly surrounding mega-bucks though. No simple answer. Reply to this message | Report message

Sun 26 Jul 15 10:50   Wills/Inheritance - Dog

My Pointer says it belongs to the gifted. If the couple divorce then it becomes part of the finances they would argue over. Reply to this message | Report message

Sun 26 Jul 15 11:47   Wills/Inheritance - MD

No divorce. I'm just trying to get the facts from him. He's a quiet sort and a good guy. Reply to this message | Report message

Sun 26 Jul 15 11:49   Wills/Inheritance - sooty123

If there's no divorce worry, why's he worried? Reply to this message | Report message

Sun 26 Jul 15 11:52   Wills/Inheritance - Zero

Well if he is in the kind of relationship where he is worried about sharing his inheritance, then there will be a divorce. Last edited by: Zero on Sun 26 Jul 15 at 11:53 Reply to this message | Report message

Sun 26 Jul 15 13:20   Wills/Inheritance - Cliff Pope

Leave it in trust if you are worried. Reply to this message | Report message

Sun 26 Jul 15 14:05   Wills/Inheritance - MD

He has said that he would like to sell it and buy another property more suited to renting out and has concerns that the other half (should she have a say in matters) 'might' want to do things differently. This isn't about their marital status it's simply about the question in hand. Thanks. Reply to this message | Report message

Sun 26 Jul 15 14:19   Wills/Inheritance - Zero

>> He has said that he would like to sell it and buy another property more >> suited to renting out and has concerns that the other half (should she have a >> say in matters) 'might' want to do things differently. Right >> This isn't about their marital status It soon will be from the sound of it. Reply to this message | Report message

Sun 26 Jul 15 14:22   Wills/Inheritance - MD

Women like a shoe and a bag or two don't forget! Reply to this message | Report message

Sun 26 Jul 15 14:23   Wills/Inheritance - Zero

While they are married, if the house is left to him by name he can do as he wishes. Reply to this message | Report message

Sun 26 Jul 15 14:29   Wills/Inheritance - MD

Thanks Zeddo. Reply to this message | Report message

Sun 26 Jul 15 14:30   Wills/Inheritance - No FM2R

I'm with Zero here. Anybody worried about their legal rights to use to force the wife to accept something has got marriage issues. So while they are clearly doing the right thing seeking advice, they need to get clear, written *professional* advice which they thoroughly understand *before* it becomes an issue. Reply to this message | Report message

Sun 26 Jul 15 14:49   Wills/Inheritance - R.P.

Agree with them. I assumed we were talking divorce. Whilst in the marriage he can do what he wants. Me ? I'd sell it and spend it. Reply to this message | Report message

Sun 26 Jul 15 15:14   Wills/Inheritance - MD

Thanks RP. If he puts it in his name only and then a split occurs can she make a claim? Similarly if he puts it in his name, subsequently sells it and buys another in his name and then a split occurs can she make a claim? Phew! Reply to this message | Report message

Sun 26 Jul 15 15:45   Wills/Inheritance - Zero

>> Thanks RP. If he puts it in his name only and then a split occurs >> can she make a claim? Yes >> >> Similarly if he puts it in his name, subsequently sells it and buys another in >> his name and then a split occurs can she make a claim? Phew! Yes. He can't take any deliberate action to ring fence this asset from any potential divorce action. Well he can try but it wont work, specially if the ex wife can prove it was deliberate Last edited by: Zero on Sun 26 Jul 15 at 15:45 Reply to this message | Report message

Sun 26 Jul 15 15:47   Wills/Inheritance - R.P.

Wot Zeddo says . Reply to this message | Report message

Sun 26 Jul 15 17:33   Wills/Inheritance - Cliff Pope

>> >> He can't take any deliberate action to ring fence this asset from any potential divorce >> action. >> > But the person making the bequest can. Reply to this message | Report message

Sun 26 Jul 15 17:51   Wills/Inheritance - Zero

>> But the person making the bequest can. They need to be alive to do that. Reply to this message | Report message

Sun 26 Jul 15 18:02   Wills/Inheritance - sherlock47

Question for RP Can the marriage partner object to (or have influence over) a Deed of Variation executed by the original benefactor? Reply to this message | Report message

Mon 27 Jul 15 19:46   Wills/Inheritance - R.P.

I suppose they could challenge them through the Courts. Did some reading up in work today looks like HMRC have rumbled them as tax avoidance ploys. Reply to this message | Report message