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michael holly
michael holly, Family Solicitor
Category: Family Law
Satisfied Customers: 6959
Experience:  BA Hons degree Law , Solicitors finals, 20 years experience, trained family law mediator.
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My daughter has recently separated from her husband and will

Customer Question

My daughter has recently separated from her husband and will be seeking divorce at some point. Neither of them have any assets. My husband and I need to make a will, leaving our estate to my daughter and my son. Is it possible to make a will ensuring that my daughter's husband has no claim on her inheritance, should anything happen to us before they are divorced?
Submitted: 2 years ago.
Category: Family Law
Expert:  michael holly replied 2 years ago.

You can make Wills leaving your estate to your daughter but should something happen to you and then her, the gift will form part of her estate and he would be entitled to it if she died without making a Will. As such she would need to make a Will as well.

I would point out however that he could claim against her estate under divorce law if they have not divorced and reached any financial settlement at that point but this is as secure as you can make it.

I hope this helps, if there are any further points please reply

Best wishes

Michael