# Should Solicitor have informed husband about wife's inheritance?



## newlife (12 Jun 2013)

I am asking this on behalf of a friend.
His wife had a large inheritance left to her and it was placed into her personal account.
They were going to a difficult period and she did not offer to use any of the money for the children etc. She spent it all on herself and also accrued an extra 20k in debt after.
He later heard that he should have been informed and that he was entitled to half because he is her husband.
Is this true?
Thanks in advance.


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## emeralds (12 Jun 2013)

I received two inheritances in the last 3 years. My husband received one. In each case the cheque from the solicitor handling probate was made payable to the person named in the will..In none of the three instances did the non-named person get any correspondance from anyone advising of the money..


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## mf1 (12 Jun 2013)

"He later heard that he should have been informed and that he was entitled to half because he is her husband."

Rubbish. Total and absolute. 

Tell your friend to talk to his own solicitor if he has a query and not be listening to ill informed "bar room" lawyers talking soap opera nonsense. 

mf


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## Brendan Burgess (12 Jun 2013)

newlife said:


> I. She spent it all on herself and also accrued an extra 20k in debt after.
> He later heard that he should have been informed and that he was entitled to half because he is her husband.
> .



Let him have half the debt so!


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## newlife (14 Jun 2013)

Thanks for the reply's, much appreciated.
Actually, that's why I am asking here, as he cannot afford a solicitor.
And yes, he has accumulated all her debts, as they are married still and live together. So he and the kids are unfortunately lumped with her negligence also and suffering because of it.


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## Bronte (14 Jun 2013)

He doesn't need a solicitor, he needs to have a discussion with his wife in relation to her spending habits, he needs to sort out the finances and take more control if she is unable to budget, and maybe they need marriage counselling.

And he does not owe her debts, but marriage is a team effort, so it might be in his best interest to pay off her debts, for example if it means a happy marriage,  or might not if sorting it out means she will go into debt again.  

Very few facts to go on here.


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## newlife (14 Jun 2013)

Hi Bronte,
Thanks for your reply, and of course everything you say is very sensible and what you would advice a normal couple to do. 
But, yes, I had not given you many of the facts, so you do not know the full story.
He cannot have a discussion with his wife unfortunately, as she wont talk. He does all the looking after the finances. She actually does nothing. 
He tried counseling many years ago but she refuses.
She simply received a very large inheritance and spent it all by herself, while her husband and kids continued to live solely (at the time) on his illness benefit. 
He has had a quadruple bypass.
She also built up an extra 20k of debt. As a loan that the bank offered her, when she had the other money in her account. She accepted and he knew nothing of it.
But now, as they are technically married, it is also his responsibility.
She does not work and refuses to do anything. 
She wont leave the house as she wants half of it and doesn't want to sell.
They have long past the team effort stage and he wants a divorce but doesn't know how to go about it, as she will not partake in any discussion.
He also, does not want to loose the house to her, as he has been the one to pay the mortgage for the past 20 years without any help from her.
He wants it solely for the kids, and she is incapable of looking after the house, the kids or herself.


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## Mrs Vimes (14 Jun 2013)

Although they are married he is not responsible for her debt unless he signed for the loan as well.

Sounds like your friend should contact the legal aid board - assuming he meets the means test they will be able to assist him with his legal problems at low cost, but they do have long waiting lists.


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## Bronte (14 Jun 2013)

You mean he's on social welfare? 

It does sound like he needs to see a solicitor, but it's true to say, that in general, women get custody and possession of the house. 

If he has the only income, how does his wife get money? With what organisation was the debt run up?  How much is a large inheritence and what was it spent on.


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## newlife (14 Jun 2013)

He is on Disability benefit as he has a heart condition.
His 'wife' does not have any money of her own bar the money the whole family get for his illness benefit, about €380 I think in total, to support four people.
She received about €90K, left to her by an aunt a few years back.
It was put into her account and he knew nothing about it for a while.
We are not sure how she spent it, but she did. He thinks she might have given some out as loans to friends also.
She basically lived the high life for about two years. Going on holidays, eating out, buying clothes and pampering herself. She bought nothing for the house or the children and he was upset when he finally discovered she had spent it all and had kept nothing for the kids. 
The debt, was a loan offered to her from Bank of Ireland, when they seen the large sum go in. I guess they reckoned that was a good guarantee!
Unfortunately, they were wrong, she spent that on top of the rest!
He has spoken to solicitors in the past and yes, the law seems very much in favor of the woman.


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## newlife (14 Jun 2013)

Also, yes he is not technically responsible for the debt she rang up, but he is the one unfortunately that has to bear the brunt of it.
She simply lives there as a 'lodger' and does nothing. He is the one that looks after and maintains the kids.
Seems very unfair. I am sure the law would see it differently if it was the other way around.


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## four18 (14 Jun 2013)

Whats gone is gone ! Solicitors only deal with the named person. They are not obliged to do a ''search'' of judgements etc before corrosponding with THEIR client. How did he get to know about it ?


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## newlife (14 Jun 2013)

She told him. Then she told him eventually that she had spent it all, when the bank was after her for the 20K, as she did not know what to do.


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## four18 (14 Jun 2013)

If she spent it and then some more, he should run far away. There is no reason he should have been told, by who ? Why ?. No point in court proceedings now as there is nothing left except a 20k debt.


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## mf1 (14 Jun 2013)

"He has spoken to solicitors in the past and yes, the law seems very much in favor of the woman. "

Tell him to go to Legal Aid. If she is as bad as he says, and if he wants to get a  Divorce, and if he is the primary carer of under age kids, there is every prospect that he will get custody. But if he cannot, or will not, do something real to deal with his situation, you are wasting your time looking for advice for him. 

mf


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## Gerry Canning (14 Jun 2013)

mf1 said:


> "He has spoken to solicitors in the past and yes, the law seems very much in favor of the woman. "
> 
> Tell him to go to Legal Aid. If she is as bad as he says, and if he wants to get a Divorce, and if he is the primary carer of under age kids, there is every prospect that he will get custody. But if he cannot, or will not, do something real to deal with his situation, you are wasting your time looking for advice for him.
> 
> mf


 ..........................................................................
By all means look for legal aid.
,He should ensure from today that every Bill he pays for house and Kids is kept. That will be noted by any future court/judge.
I would strongly advise he does NOT involve himself in any way on BOI loan, from what I see it looks like stupid lending.

It is a sad scenario and when people don,t talk , all he can do is get his facts/receipts together so that when the Storm hits he has some shelter.

I wish him well.


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