Barker Gotelee

It is bad enough to see one of your children go through marriage breakdown, but the prospect of your child’s inheritance being lost to their spouse on divorce can arouse great anguish.

People are often aghast to think that the money or property which they have inherited from their parents may be lost to their wife or husband on divorce.  However, this can and does happen.  Yet simple measures can prevent this inheritance being lost.

The Court has the final decision on how assets are divided between a couple when they divorce.  The Court will take into account all assets owned by either the husband or wife regardless how and when these were acquired or inherited.

However, the more protection you put in your Will, the safer your child’s inheritance should be.  This could then be used to help them financially following the divorce, perhaps in buying a new home.  Therefore when making or reviewing your Will, it is important you consider whether to include such protective provisions.

These measures may also be of benefit if an unmarried child separates from his or her partner because often this also involves some element of financial dispute – for example:  ownership of the home; sums to meet their children’s expenses.

So, what can you do?  Sometimes a child will confide in a parent early on about the state of their marriage.  This gives you the opportunity to review your Will and to consider the various options.  Every situation is different – you may have other children or grandchildren to consider, inheritance tax might be an issue – and you will need to choose the most suitable option for you and your family.

After you have died, your child can assess their marital situation and if appropriate part or all of their inheritance can be given to them or otherwise remain protected.

However, more often a child does not tell their parents that their marriage is on the rocks until the relationship is beyond repair.  In this situation, you might want to review your Will urgently to protect your child’s inheritance in case you die before their divorce completes.

Finally, some of our clients choose to include protective measures in their Will even though there is nothing to suggest that one of their children might divorce or separate.  Typically, such clients will have particular assets which have been in the family for generations or which they want to keep in the family, for example a farm or other business which cannot be put at risk.

In summary, a well-drafted Will can help protect your children’s inheritance for their long-term benefit should they divorce.

Nick Palmer

© Barker Gotelee