Provision of will 6 December 2022 at 6:36PM in Deaths, funerals & probate 3 replies 265 views

CliffordSquirrel

My husband and I are intending updating our will. Our will should be straight forward,  2 children both married with two children each. ( 4 grandchildren). Unfortunately my daughter is married to a very controlling man who controls everything in her life including her finances. Our worry is if my daughter inherits half of our estate she will not benefit from the money. Is there anyway we could word our will where the money could be held for her to use as long as she is no longer with him. 

We have no desire to leave the money to our daughter’s children as my daughter would need the money in the likely event of divorce. 

Also what is the likelihood of my son in law and daughter contesting this arrangement?

Marcon

CliffordSquirrel said:

My husband and I are intending updating our will. Our will should be straight forward,  2 children both married with two children each. ( 4 grandchildren). Unfortunately my daughter is married to a very controlling man who controls everything in her life including her finances. Our worry is if my daughter inherits half of our estate she will not benefit from the money. Is there anyway we could word our will where the money could be held for her to use as long as she is no longer with him. 

We have no desire to leave the money to our daughter’s children as my daughter would need the money in the likely event of divorce. 

I don't think that will solve your problem, even if she decides to leave him (or vice versa). Controlling people somehow manage to control from afar...so even a discretionary trust might not achieve what you hope.

CliffordSquirrel said:

Also what is the likelihood of my son in law and daughter contesting this arrangement?

Without knowing your daughter or son in law, that's impossible to guess.

Definitely one where you need to get some legal advice.

Keep_pedalling

No, you can’t put dictate that your daughter has to leave her partner, otherwise she does not get her inheritance. You could protect the inheritance by putting into trust but that comes with its own problems.

Whatever you do, do not attempt to DIY this you need to talk this through with a solicitor preferably a STEP qualified one.

MobileSaver

CliffordSquirrel said:

Our worry is if my daughter inherits half of our estate she will not benefit from the money.

Do you have a good trusting relationship with your other child? If so you could leave everything to this other child and ask them to honour your wishes by only letting the daughter have her half of the money on whatever terms you deem appropriate.

Obviously there are risks such as your other child keeping all the money for themselves or becoming bankrupt or divorcing but if your main worry is your daughter will not actually see the money anyway then I'm not sure you have much to lose...