Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • reheat
    • By reheat 1st Jan 18, 1:13 PM
    • 2,103Posts
    • 1,730Thanks
    reheat
    Wills: Can you explicitly exclude someone as a beneficiary?
    • #1
    • 1st Jan 18, 1:13 PM
    Wills: Can you explicitly exclude someone as a beneficiary? 1st Jan 18 at 1:13 PM
    If one of your children has irreconcilably separated from their spouse, divorcing in due course, is there any way to include a provision into your will to ensure the separated spouse absolutely cannot benefit at all, at any time, from anything you leave to your child? We have not yet made a will but plan to do so.
    Favours are returned ... Trust is earned
    Reality is an illusion ... don't knock it
    There's a fine line between faith and arrogance ... Heaven only knows where the line is
    Being like everyone else when it's right, is as important as being different when it's right
    The interpretation you're most likely to believe, is the one you most want to believe
Page 1
    • Lizabeth21
    • By Lizabeth21 1st Jan 18, 1:17 PM
    • 158 Posts
    • 186 Thanks
    Lizabeth21
    • #2
    • 1st Jan 18, 1:17 PM
    • #2
    • 1st Jan 18, 1:17 PM
    When we wrote our wills my husband definitely didn!!!8217;t want anything to go to his brother (he has his own valid reasons) and the solicitor put a clause in his will. You can put any wishes you want in a will. Get legal advice if you are unsure.
    • reheat
    • By reheat 1st Jan 18, 1:26 PM
    • 2,103 Posts
    • 1,730 Thanks
    reheat
    • #3
    • 1st Jan 18, 1:26 PM
    • #3
    • 1st Jan 18, 1:26 PM
    When we wrote our wills my husband definitely didnít want anything to go to his brother (he has his own valid reasons) and the solicitor put a clause in his will. You can put any wishes you want in a will. Get legal advice if you are unsure.
    Originally posted by Lizabeth21
    Many thanks, that's great.

    Presumably it gets more complicated if "the someone" is a spouse, or even ex-spouse, of someone who is a beneficiary.

    As you say, legal advice essential I suspect.
    Favours are returned ... Trust is earned
    Reality is an illusion ... don't knock it
    There's a fine line between faith and arrogance ... Heaven only knows where the line is
    Being like everyone else when it's right, is as important as being different when it's right
    The interpretation you're most likely to believe, is the one you most want to believe
    • getmore4less
    • By getmore4less 1st Jan 18, 1:49 PM
    • 32,172 Posts
    • 19,327 Thanks
    getmore4less
    • #4
    • 1st Jan 18, 1:49 PM
    • #4
    • 1st Jan 18, 1:49 PM
    If the child inherits then you will have a problem stopping them giving assets away to particular people.

    even if you wrap it up in a trust there will be issues on how the child can benefit from the assets and still exclude others.
    • Linton
    • By Linton 1st Jan 18, 1:53 PM
    • 9,392 Posts
    • 9,526 Thanks
    Linton
    • #5
    • 1st Jan 18, 1:53 PM
    • #5
    • 1st Jan 18, 1:53 PM
    I dont think people have read the OP. Once your child has received his/her inheritance what they do with it or what the courts do with it is up to them. You cant control that from beyond the grave.

    It isnt unusual to say in your will that particular people aren't inheriting anything or are inheriting a trivial sum, but that's to make it clear that they havent just been forgotten and it may limit their ability to challenge the will. However that doesnt seem to be your circumstances.
    • Keep pedalling
    • By Keep pedalling 1st Jan 18, 2:42 PM
    • 5,079 Posts
    • 5,663 Thanks
    Keep pedalling
    • #6
    • 1st Jan 18, 2:42 PM
    • #6
    • 1st Jan 18, 2:42 PM
    The solution is simple, get them to make a will of their own, they would be stupid not to do so regardless of any inheritance they might get from you.
    • Margot123
    • By Margot123 1st Jan 18, 3:17 PM
    • 833 Posts
    • 848 Thanks
    Margot123
    • #7
    • 1st Jan 18, 3:17 PM
    • #7
    • 1st Jan 18, 3:17 PM
    If the person had previously been named in your will, it is advisable to include in a new will the reason why they are now being excluded.
    You will then be able to express your full intention. Although, as has been said, it doesn't stop a later reconciliation and your beneficiary giving them the money.
    • reheat
    • By reheat 1st Jan 18, 3:23 PM
    • 2,103 Posts
    • 1,730 Thanks
    reheat
    • #8
    • 1st Jan 18, 3:23 PM
    • #8
    • 1st Jan 18, 3:23 PM
    I realise I've not been clear. The child in question would have no intention at all to pass any of their inheritance to their (in due course divorced) spouse. We are not concerned about trying to overrule our child's wishes. Our concern is whether:-

    1) Whilst still married, would the spouse have any automatic legal right to a share of anything bequeathed to the child?

    2) Once divorced, would the divorced spouse still have any automatic legal right to a share of anything bequeathed to the child?
    Favours are returned ... Trust is earned
    Reality is an illusion ... don't knock it
    There's a fine line between faith and arrogance ... Heaven only knows where the line is
    Being like everyone else when it's right, is as important as being different when it's right
    The interpretation you're most likely to believe, is the one you most want to believe
    • Keep pedalling
    • By Keep pedalling 1st Jan 18, 3:31 PM
    • 5,079 Posts
    • 5,663 Thanks
    Keep pedalling
    • #9
    • 1st Jan 18, 3:31 PM
    • #9
    • 1st Jan 18, 3:31 PM
    1. If they died intestate, then yes, which is why I said they need to make a will.

    2. No
    • paddy's mum
    • By paddy's mum 2nd Jan 18, 9:42 AM
    • 3,518 Posts
    • 12,682 Thanks
    paddy's mum
    I think the OP is still being misunderstood.

    The 'child' in question is legally an adult, proved by the fact that s/he is married and plans to begin divorce proceedings.

    Reheat can write the son or daughter out of a will until such times as a proposed divorce is finalised but that then risks the 'child' being ruled out as a beneficiary if the OP should pop his clogs in the meantime.

    A note of warning, and one that few people seem to be aware of, but which is highly relevant here; Divorce Court judges have enormous power to ensure fair play between warring couples. They can overturn just about any financial arrangement or previous agreements if they believe that to do so is just and right. They can order an inheritance shared or future prospects calculated as part of matrimonial assets.

    If there are young children and a generous inheritance a couple of years down the line (not wishing the Grim Reaper on you, OP!) the parent can apply and probably win a financial re-think based on the other parent's sudden access to a lot of money and at this point Reheat can do nothing to prevent that.

    So my advice is two-fold. Seek urgent legal advice and get the divorce under way and resolved asap.

    Good luck.
    • TBagpuss
    • By TBagpuss 2nd Jan 18, 11:51 AM
    • 6,566 Posts
    • 8,530 Thanks
    TBagpuss
    If the 'child' has not finished their divorce *and financial settlement* at the time they inherited, then yes, they would have to declare the inheritance and it would be taken into account, within the financial side for the divorce. Their spouse would not automatically get half, but a court would be entitled to take into account that you child had the inheritance which would make a difference to what they needed from the matrimonial assets.


    The best thing you can do is to encourage your child to get on and finalise the divorce and get a financial order in place. Once that's done, it is final, and anything they inherit after that is theirs with their former spouse being unable tto claim it.

    However, the protection comes from there being a court order, not from the divorce itself having been completed.

    It might be possible to set up a trust with your child and others as beneficiaries, however, the down side of that is that you then give the trustees discretion as to how the money in the trust is used, so they could decide to prioritise the other beneficiaries, and it is probably unnecessarily complicated in most cases.

    However, your solicitor would be able to advise you.
    • Keep pedalling
    • By Keep pedalling 2nd Jan 18, 12:42 PM
    • 5,079 Posts
    • 5,663 Thanks
    Keep pedalling
    Apologies, yes I did misunderstand the OP.

    To reduce the risk only leave anything to your son on the second death, which hopefully will be many years beyond his divorce.
    • pphillips
    • By pphillips 5th Jan 18, 12:08 PM
    • 261 Posts
    • 212 Thanks
    pphillips
    It's up to your child how they want to distribute their estate when they die but in terms of divorce potentially everything is up for grabs. You could however give your child a reversionary gift so that you decide who will gets it after they die.
    • Debbie Savard
    • By Debbie Savard 5th Jan 18, 3:50 PM
    • 380 Posts
    • 328 Thanks
    Debbie Savard
    If there's a Child Support Agreement in place after the divorce and the inheritance is of significant value, then a variation order could be put in place to increase payments based on the notional interest income achievable from the capital.

    http://forums.moneysavingexpert.com/showthread.php?t=4348373
    • badmemory
    • By badmemory 5th Jan 18, 4:23 PM
    • 1,704 Posts
    • 2,296 Thanks
    badmemory
    Does this adult child have children? If so, are they too adults? Seems to make a big difference to the outcomes.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

168Posts Today

1,709Users online

Martin's Twitter