if my daughter dies will my son-in-law inherit my estate

Joint wills are very rarely put in place because of their inflexibility. Photograph: Courtney Keating/Getty ImagesAsk the experts: homebuyingWere worried that after we die he may b

if my daughter dies will my son-in-law inherit my estate

Joint wills are very rarely put in place because of their inflexibility. Photograph: Courtney Keating/Getty ImagesAsk the experts: homebuying

Were worried that after we die he may be entitled to half our property

Q Our daughter is the sole beneficiary in our joint will. Our entire estate is left to her and her only. However, she has a partner who is the father of our grandchildren and who, shall we say, is and never would be our choice of partner for our daughter. Unfortunately we cannot change this, its her choice.

What worries us for the future, after our passing, is that if he stays with her and marries her whether he would be entitled to half the value of the property if they split up? DG

A I am more worried about your joint will. If it really does leave everything to your daughter, have you thought about what you or your spouse is going to get when either of you dies? With a joint will, which are very rarely put in place because of their inflexibility, it is more normal to leave everything to the other spouse on the death of the first, and then everything to their child (or children) when the second passes away.

If your will doesnt follow that model, I would seriously consider drawing up new mirror wills, where you each have a will which are exactly the same in terms of provisions and beneficiaries, which ensure that the spouse inherits on the death of the other, and then your daughter.

Having a will each also means that it can be altered after whoever dies first, which is not possible with a joint will which can only be altered with the consent of both parties.

But whatever type of will you have, if your daughter and her partner married but subsequently split up, anything she inherited from you would be included in the negotiations of a financial settlement on divorce. Your daughters partner would not necessarily be entitled to half her inheritance from you; the amount he would get would depend on what they agreed he would get.

If they split as an unmarried couple, your daughters inheritance would be safe as there are no formal divorce proceedings to decide who gets what financially. The wealth you pass on would also be safe from your daughters partner if you bypassed your daughter and left it directly to your grandchildren.{{#ticker}}

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