Clause on wills

DollyB

Hi not sure this if I have this in the correct place?

I am wondering say for example;

Your son got married and they were divorcing can you put a clause in your will that the wife can not and does not have entitlements to any land or property you have left them in your will? Or is it a case that your child would have to take out a pre nup?

Any advice would be greatly appreciated.

hullaballoo

Please note that the correct spelling is "clause" not "claws".

Thanks.

Pat Mustard

DollyB wrote: »

Your son got married and they were divorcing can you put a clause in your will that the wife can not and does not have entitlements to any land or property you have left them in your will? Or is it a case that your child would have to take out a pre nup?

The obvious advice would be to see a solicitor to take proper advice.

Why not consider executing a new Will after the divorce, after the assets have been divided up, and after the pair execute mutual waivers of present and future property?

I don't think that anyone would promise a 100% guarantee of protecting a man's assets against his divorced wife, until the wife remarries.

Marcusm

Isn't this all a bit complicated in Ireland as there is no full and final financial settlement on a divorce or separation, ie there is always the ability to have the settlement readdressed in the event of a change in circumstances. There was a high profile case in recent years - wife had abandoned the family home and children 20 or more years previously. A number of financial settlements were made over the decades including on the introduction of divorce. These gad been dissipated, in one instance by a new partner. The now adult children opposed any further financial provision but the father/ex husband had been successful.

Ultimately, if the property is transferred outright, there must always be an issue of a claim against it. Perhaps a life interest only could be transferred.

Santa Cruz

DollyB wrote: »

Hi not sure this if I have this in the correct place?

I am wondering say for example;

Your son got married and they were divorcing can you put a clause in your will that the wife can not and does not have entitlements to any land or property you have left them in your will? Or is it a case that your child would have to take out a pre nup?

Any advice would be greatly appreciated.

No such thing as a pre nup in Ireland.

Pat Mustard

Santa Cruz wrote: »

No such thing as a pre nup in Ireland.

These beasts exist.

Fred Swanson

This post has been deleted.

desbrook

If your son is separating/divorcing YOU can't do anything but your son can - within his Deed of Separation / Divorce he and his ex need to agree that any future inheritance will not be regarded as a "fundamental change " in the other's means . This however is subject to firstly the other party agreeing and secondly as has been mentioned the fact that there is no true " full and final settlement " in Irish family law.

godtabh

The Mustard wrote: »

These beasts exist.

They may exist but cant be enforced

Santa Cruz

The Mustard wrote: »

These beasts exist.

Sorry as stated below they do exist but will not be recognised by the Courts due to constitutional recognition of marriage.
It is of course another issue that should be addressed following the introduction of divorce a number of years ago but no progress.
While they are not enforceable a court can take notice of one if both parties are agreeable

Pat Mustard

godtabh wrote: »

They may exist but cant be enforced

Yes, but there is an argument that they may have persuasive value.

Also, there was talk of bringing in legislation to support their use.

Other than that, I'd tend to agree with you.

GerardKeating

DollyB wrote: »

Hi not sure this if I have this in the correct place?

I am wondering say for example;

Your son got married and they were divorcing can you put a clause in your will that the wife can not and does not have entitlements to any land or property you have left them in your will? Or is it a case that your child would have to take out a pre nup?

Any advice would be greatly appreciated.

Anything you do to reduce/eliminate the entitlements of the Sons Wife could/would be challenged in court by the wife.

If there are children, you could skip a generation and leave it in trust for them until they are adults and make the son trustee.

But a court might look at this a scheme to deny the wife her just entitlements and "do something" about it.