Keith Mack
In the UK, a daughter-in-law has no automatic right of inheritance from her parents-in-law. However, she may receive an inheritance if she is named as a beneficiary in their will or trust. If a person dies without a will, their estate is divided according to intestate laws, which typically favour the spouse/partner and children of the deceased. To prevent a daughter-in-law from inheriting, one can establish a trust or encourage their child to draft a prenuptial or postnuptial agreement.
| Characteristics | Values |
|---|---|
| Can a daughter-in-law inherit in the UK? | Yes, but only if specified in a will or trust. |
| Can a daughter-in-law inherit without a will? | No, unless they are married to a direct beneficiary. |
| Can a daughter-in-law inherit from her parents-in-law's estate? | Yes, but only if specified in a will or trust. |
| Can a daughter-in-law inherit from her parents-in-law without a will? | No, unless they are married to a direct beneficiary. |
| Can a daughter-in-law be excluded from inheritance? | Yes, through a prenuptial or postnuptial agreement, or by establishing a trust. |
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What You'll Learn
Intestacy laws
The rules are complex, but broadly speaking, they provide as follows. The spouse or civil partner will inherit the whole of the estate if it is valued at less than £270,000. If the estate is valued at more than this amount, the spouse or civil partner will inherit the first £270,000 of the estate, all personal belongings, and half of the remaining estate. The rest is split equally between the children.
If there are no living relatives who can inherit under the Rules of Intestacy, the law gives the whole estate under Bona Vacantia, essentially treating everything as "ownerless property". This highlights the importance of making a valid will, particularly if one wishes to leave their estate to a daughter-in-law or other non-blood relative.
If a person wishes to leave part of their estate to a daughter-in-law, they can do so by including specific instructions in their will. Trusts can also be established to give an extra layer of control when leaving money to in-laws. For example, a Bloodline Trust can be set up to benefit the child, with the child as their own trustee, controlling investments and deciding how the money is distributed. Another option is a Marital Trust, which mandates that assets pay to the beneficiary's children and not the beneficiary's spouse.
In the typical scenario, a daughter-in-law will receive all or most of the intestate share intended for a child who initially survives but dies soon after the parent. However, this is dependent on the state's intestacy laws, and in the UK, it is more common for money inherited by a child to be passed on again to the child's spouse.
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Prenuptial agreements
In the UK, prenuptial agreements are becoming increasingly common. A prenuptial agreement, or prenup, is a legal document drawn up between two people before they get married or enter a civil partnership. It is designed to provide security, clarity, and certainty in the future for both parties. Both parties must provide a complete and honest account of their assets, liabilities, income, and potential inheritances.
Prenups can be used to protect inheritances, future inheritances, and existing sums of money or assets intended to be passed on as inheritance to someone else. For example, if one party expects to earn significantly more than the other through their career, investments, or inheritance, a prenup can be put in place to ensure that these future assets aren't immediately assumed to be shared property.
Prenups can also be used to safeguard assets such as businesses, savings, pensions, income, property, shares, and investments. This is especially important if one partner owns a business, as the marriage and subsequent divorce could affect the business.
In the context of inheritance, a prenup can be used to ensure that certain assets go to children from a previous relationship. For example, if a parent wants to leave part of their estate to a daughter-in-law, they can encourage their child to draft a prenuptial agreement with their partner, specifying how assets should be managed.
It is important to note that while prenups are legal documents, they may be challenged or disregarded by the court if full disclosure is not provided. It is recommended that both parties seek independent legal advice to ensure that the agreement is fair and reasonable.
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Postnuptial agreements
In the UK, a daughter-in-law can inherit part of an estate if they are married to a direct beneficiary. This is typically the case if the deceased child has a will, and they are named as the sole heir. If there is no will, intestate laws dictate that the daughter-in-law will receive the intestate share of the estate.
To prevent a daughter-in-law from inheriting your estate, you can establish a trust. For instance, a Bloodline Trust can be set up to benefit the child, with the child as the trustee, controlling the investments and distribution of the money. Another option is a Marital Trust, which ensures that upon the death of the child, assets are paid to the grandchildren and not the daughter-in-law.
To protect any inheritance that is passed down to your child, you can encourage them to draft a prenuptial agreement with their partner. If they are already married, a postnuptial agreement can be considered.
If a postnuptial agreement is properly drafted, it will be binding. This means that in the unpredictable landscape of divorce finances in England and Wales, a postnup can provide certainty and help avoid costly legal fees.
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Wills
In the UK, a person may give their estate to whomever they choose, and there is no legal obligation on a parent to leave anything to their children. However, children can make a claim for an award out of the estate if the will does not make 'reasonable financial provision' for them under The Inheritance (Provision for Family and Dependants) Act 1975.
In-laws have no right of inheritance. If you die without a will, in-laws will not inherit. If you die with a will, in-laws have no right of inheritance unless you specifically gift something to them in the will.
If you want to prevent your daughter-in-law from inheriting your estate, you can discuss with your child different techniques to keep the property separate from property used to benefit their family. For example, your child could keep their inheritance in a separate account and not commingle it with money held with a spouse. This money would then not form part of what is called "matrimonial property", which is divided 50/50 between married spouses when there is a breakdown of the relationship.
Another option is to establish a trust. Trusts give you an extra layer of control when leaving money to in-laws and even blood relations, as you can set the conditions under which they receive the inheritance. For example, you could set up a Bloodline Trust, which is designed to keep money in the family, protecting the inheritance of your children and their descendants. Trust assets can only be used for your children's or grandchildren's health, education, maintenance, or support and are never available to a daughter-in-law.
You could also encourage your child to draft a prenuptial or postnuptial agreement with their spouse.
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Trusts
There are several types of trusts that can be used to control how assets are passed on. A Bloodline Trust, for example, is designed to keep money in the family, protecting the inheritance of the client's children and their descendants. Trust assets can only be used for the health, education, maintenance, or support of the client's children or grandchildren. These assets are never available to a son- or daughter-in-law, either during the marriage or in the event of a divorce. A Bloodline Trust can also protect assets from the creditors of children and in-laws. The client's child can be the initial trustee, controlling investments and deciding how the money is distributed, and can resign or be removed from this role at any time.
Another option is a Marital Trust. This type of trust can be used to ensure that assets are passed on to specific children, rather than the spouse of the beneficiary. For example, if a parent dies and their daughter inherits everything, a Marital Trust can be used to ensure that, when the daughter dies, the assets are passed on to her children, rather than her spouse.
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Frequently asked questions
In-laws have no right of inheritance in the UK. However, if you die without a will, your assets will be distributed according to intestacy laws, which typically favour a person's spouse/partner and children. If your child inherits your assets and then dies, their assets will be disbursed according to their will, which may make their spouse a beneficiary. If they don't have a will, everything goes to their legal spouse.
Yes, you can prevent your daughter-in-law from inheriting your assets by creating a will that does not include them as a beneficiary. You can also set up a trust to protect your assets from in-laws, such as a Bloodline Trust, which keeps money in the family and is only available to blood descendants.
If your child dies before you, their spouse will not be able to inherit from your estate unless they are named as a beneficiary in your will or trust. If your child dies after inheriting your estate, and they do not keep their inheritance separate from their spouse, your daughter-in-law may inherit your assets indirectly.
If your child gets divorced, your daughter-in-law may inherit your assets through equitable distribution if your child has commingled their inheritance with their spouse. To prevent this, you can encourage your child to draft a prenuptial or postnuptial agreement with their spouse.
