13 Comments Family & de facto law, financial agreements, consent orders
I just joined this forum with, in mind, a very similar question to Misha's. I am my sister's sole heir. She is childless and very much older than myself (she is a French national and resident--I have dual nationality, French and Australian). However, my wife has developed a gambling problem, and I am afraid (I was warned by relatives back home who know her well), I am afraid that she will sue for divorce as soon as my sister dies and I inherit (a very considerable sum, even after the savage French death duties). I told my sister about my worry. I do not want any of her estate to "feed the pokies". If that should happen, I'd rather have her nominate someone else as her heir. But she very reluctant to do so and has asked me to explore all other possible avenues first.
I have put my question to LawMatch but the response has been disappointing.
Is inheritance definitely excluded from settlement calculations? What specialist family solicitor can I turn to? (I live in Melbourne). I want to be certain. If not, then I shall work at convincing my sister to make someone else her heir.
Any help, any referral to a solicitor knowledgeable in such matter, would be highly appreciated. Thank you.
It makes no difference
Have also just joined the forum and have a followup question - hope it's not getting too specific....
Does it make any difference if one of the parties received an inheritance during the marriage with the Will stating that the inheritance was for the "sole use of ..." the named beneficiary?
I recently split up with my partner of two years. In this time, my mother passed away and has left me a large sum of money. She died whilst we were still together. I have yet to receive the money however he claims that he has a right to get a % of it. Would anyone be able to tell me if this is the case and under what ground?
I would be very suprised if he is entitled to any of your inheritance seeing u were only together for two yrs,I have been married for 29yrs and inheritated my mothers house,I have been to a solicitor in the last week and i am entitled to the house and also more,so i would'nt worry to much.
In short, in theory inheritances can be taken into account when considering a parties financial position, but in a marriage of about 2 years there would be very little liklihood that he would get anything from the inheritance.
If you want to discuss the matter further please feel free to contact me;-
02 9264 3877
I would suggest that you organise a formal property settlemet as soon as possible