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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have recently married late in life and want to ensure

Customer Question

Hello I have recently married late in life and want to ensure that all of my assets prior to marriage go to my daughter, in particular my house, life insurance etc. I do not want my husband to automatically inherit until he dies so want a will that clearly sets out what will happen should I die first i.e. my daughter will inherit my assets/property and by agreement my husband will continue to live in the property until such time as he moves out or circumstances change and any monies go immediately to her on my death e.g. balance of life insurance etc.
He does not have any assets other than a life insurance policy and wants the remainder following funeral costs to go to his children; he lives in my property with me.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. You should clearly set your wishes and intentions in a will, and preferably have this done by a solicitor to ensure that it meets the correct legal criteria to ensure that it is valid.However, you should be aware that upon your death, if your wife feels that there is no reasonable provision to provide for her then she is entitled to apply to court under the Inheritance (Provision for Family and Dependants) Act 1975 to make a claim against your estate, even if there is a will in place, and attempt to obtain some inheritance to meet her needs. The court will consider her age of and the length of the marriage, her contribution to the welfare of your family and the provision which she might reasonably have expected to have received if, instead of the marriage being terminated by death, the marriage had instead been terminated by divorce.You should also be aware that if you do not have a will in place and you pass away, your estate up to £250,000 will automatically go to your wife. Everything above that will be distributed 50% to your wife (and all your personal possessions) and 50% to all your children equally.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.