Can I leave my husband out of my will, legally?

Figgerty

I'm planning on making my will shortly and wish to omit my husband from it as we have been separated for several years. We have not got divorced as we have not met anybody else we wish to marry. We divided our assets when we separated so there is no moral reason why I should leave him any of my assets. We do not have children or any dependants. Is there a legal reason to include him in my will. I suppose what I really wish to know is if he could claim against my estate if I leave everything to my relatives.

whitewing

I think sometimes people are advised to leave a token amount eg £1 as that makes it clearer that the person was considered. I'd consult a lawyer though.

g6jns_2

Figgerty wrote: »

I'm planning on making my will shortly and wish to omit my husband from it as we have been separated for several years. We have not got divorced as we have not met anybody else we wish to marry. We divided our assets when we separated so there is no moral reason why I should leave him any of my assets. We do not have children or any dependants. Is there a legal reason to include him in my will. I suppose what I really wish to know is if he could claim against my estate if I leave everything to my relatives.

Unless your husband is financially dependent on you then there is no reason you should n ot do as you wish. However, if you get you will prepared by a solicitor they will advise you accordingly.

TBagpuss

No, you don't have to leave him anything.
Yes, if you are not divorced, and have no final order, he could potentially make a claim against your estate.

If you divorce, you can have a formal court order (preferably by consent) which can explicitly bar any claims under the Inheritance Act.

If you don't, it would be sensible to ensure that you explain in detail to your solicitor why you are not including him, and potentially include in the will itself a statement that as you and he are separated and have divided all financial assets intending the division to be final, you are not leaving him anything.

Do you have any specific reason for not divorcing? remaining married may give rise to other complications, particularly if you were to become ill or mentally incapacitated at some point in the future. You may also find that it is easier to agree on a divorce and formal financial order now than f one of you does meet a new partner and there is a new emotional issue between you.

Mojisola

As you're still married, if you die before that will gets made and signed, he will inherit from your estate.

whitewing

If you get on ok or you valued your marriage at one point, couldn't you leave him a couple hundred pounds? Less hurtful than a public statement in a will that you definitely don't want him to have anything.

getmore4less

If your estates are under £325k, when the first of you dies the other will get the benefit of the transferable nil rate band.

http://www.hmrc.gov.uk/inheritancetax/intro/transfer-threshold.htm

rpc

Just get divorced...

In Scotland, a spouse has legal rights that cannot be overridden by a will (a third of the moveables if the deceased has children, a half if not).

sparrer

Mojisola wrote: »

As you're still married, if you die before that will gets made and signed, he will inherit from your estate.

Thank you for this, we've lived apart for 12 years and I don't want him to inherit so will be making an appointment tomorrow to make my will.

Heffi1

I would probably ask about finalising the divorce while you are at it, get it all done at the same time and saves a lot of messing about.

g6jns_2

sparrer wrote: »

Thank you for this, we've lived apart for 12 years and I don't want him to inherit so will be making an appointment tomorrow to make my will.

Make sure you tell the solicitor about your circumstances and allow for you predeceasing your first choice of beneficiaries. This will avoid him inheriting if you were all killed in a car or plane crash. Sadly it does happen.