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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 13194
Experience:  30 years as a practising solicitor.
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I am seperated from my husband and we are living apart, we

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I am seperated from my husband and we are living apart, we are neither of us in a hurry to divorce just let the two years go by. We have a home (which I live in) and a business together. At the moment nothing significant has changed other than we don't live together. My husband very recently sent me a new will he has written and it leaves his estate to me on his death. Insurance/Life policies etc (we have joint life cover and we are each named each other's beneficiary. Is there any legal thing that I can do to ensure the will stays as at present? Our business of 15 years, which we built together, pays the life insurance etc and I feel it is rightfully mine to receive, to provide for my children and to pass on to them. What if anything can I do, or am I at his mercy and hope he doesn't get persuaded otherwise (which means our children would lose out).

Thanks for your question. You can’t do anything to stop your husband changing his Will. You must, before you divorce, have a separation agreement drawn up professionally dealing with the financial issues that you want recorded and which can be enforced. For example you could ensure that the house passes by way of survivorship destination in the title. A shareholders agreement or partnership agreement could be drawn up stating what happens to the shares in the business on death. There will be ways of doing what you want but a Will isn’t the way forward. You should see your own solicitor face to face so as to have this done properly and in a way that is binding for the future. I hope that helps. Please leave a positive rating so that I am credited fro my time.

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