“I am separating from my husband and am in no rush to get divorced. However I have elderly parents, who are not in good health and I will inherit from them. A friend has told me that my husband could claim against any inheritance. Is this true?”

The answer is that there is a risk that your husband could claim and potentially succeed in any claim against your inheritance if you received this before you were divorced and the financial side of the marriage had been settled.

If you have this concern (and you believe that you will not reconcile with your husband) then it may be sensible to consider a divorce sooner rather than later. Within the divorce you will obtain a Court Order which will deal with the matrimonial finances and will prevent either of you from making a claim against the other. Once this Order has been sealed by the Court then your husband will not be able to claim against any future inheritance (and vice versa).

It is possible to have a Deed of Separation if you are just separated but this is not legally binding in the same way as a Court Order and there is a risk that your inheritance would not be protected.

This is a serious risk particularly if your parents suffer ill health and needs to be considered.