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Using will to "disinherit" spouse

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  • Using will to "disinherit" spouse

    I've confused about a scenario and so wondered if someone may be able to give me a steer

    In a nutshell I'd like to know to what extent a married couple can "disinherit" each other by making gifts in their will which become effective when the 1st person in the marriage dies.

    For example, let's say the wife in a couple dies first. In her will it is stated that she wishes £10,000 to be given to her sister. Is that possible or would the husband typically inherit everything and so it would merely be at his discretion whether to honor this request in his late wife's will?

    I ask because technically if this were possible does this mean by extension that one party in a marriage could give away half of the joint estate if they wish and so "disinherit" the other in effect?

    I wondered if it made an difference how the assets were held in the marriage. For example, if a couple had a single joint account with £20,000 in it could the £10,000 bequest be made to the sister from this account? Or could the £10,000 payment only be made if the wife held £10k in a sole account?

    Thanks in advance!
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  • #2


    Jointly owned property automatically passes by right of survivorship to the surviving joint owner regardless of the terms of the deceased's will.
    Property owned as tenants in common the deceased's share passes according to the terms of the deceased's will

    Comment


    • #3
      Thank you Des8.

      That makes total sense for property but does the same apply to banks accounts/savings/investments etc?

      Eg. if a savings account is held jointly do the funds therefore pass automatically to the surviving spouse regardless of terms of the will. But if a couple hold separate savings accounts does this mean the surviving spouse has no automatic right to the individual account and bequests made in a will regading the individually-held account would be honoured?

      Comment


      • #4
        Property ie all property not just real property (which is land and buildings)

        So bank accounts held in joint names pass automatically to survivor (unless they have signed a declaration of trust stating that the account is held by them as ‘tenants in common’, rather than joint tenants, so that on the death of one of the account holders his or her share (as defined in the declaration of trust) passes under the terms of his or her will or intestacy, rather than to the other account holder.
        Bank accounts held in separate names do not pass automatically.to the survivor

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