Can I Write A Caveat (Independently Signed By Witnesses) To My Will?

[jourdain2]

Following discovery that my younger daughter is actually still married to the husband she was divorcing some years ago - I am faced with a quandary. (See earlier post.)

My opinion of him is unrepeatable - take this as a starter. There are 2 young children.
I discovered today that said daughter has been 'meaning to get around to' making a Will, but hasn't actually done it.
I spent a lot of money a couple of years ago in having a Will drawn up, leaving things more or less equally between my 2 daughters.
It appears that if 2nd daughter is still married to Mr. Unrepeatable-without-spitting and she dies intestate after I die..... he would get his hands on my very, very hard earned cash and property.
How do I obviate this possibility without going to the lengths of spending more hundreds of pounds on making a new Will? Would a witnessed letter stating that under no circumstances should any part of my estate go to him, do? Help!

[DTCwordfan]

I believe that you can add a codicil to the will, clearly stating the terms of why you want a temporary variance and then the conditions or time of reverting back to the original will. Your solicitor who drew up your will should be able to advise......

[Peter Pedant]

No plan A wont do
Barmaid is around she may see this

the change is pretty mega ( and as Barmaid says, you should review things every two years or so ) and I have never understood why people who have houses worf £200 k baulk at spending a hundred on a will

rewrite the will

make sure you decide perhaps with a little diagram you have worked out what you want...
Daughter still married - nada
daughter divorced gets moolah

I am not sure ( I am certain) this can be done with a letter
( I am certain it cant)

[TheWinner]

I think you could look at a bloodline will (I think its called). Buenchico will probably be the best to explain it. Over to you Chris.....

[Peter Pedant]

DTC - answer no 1 - see a solicitor.... good advice
(not sure about the temp variance at all)

oh and I knew daughter no 2 had done diddly squat about the decree nisi all along.

[Buenchico]

Basically speaking, you can't do it. Once you've given a gift to your daughter, whether that be during your lifetime or (through your will) thereafter, you have no further say as to what to happens to that money.

It might be possible to use your will to create a trust for the benefit of your daughter during her lifetime, with a stipulation as to what should happen to the money in that trust after she dies, but that's incredibly complex and definitely not something that can be done via a simple codicil to your will.

[Peter Pedant]

Bloodline Will is a term used where trusts can be included in your will to protect all or part of your estate for future generations. The trust ensures that your estate stays in your direct family (your bloodline) and generally means the beneficiaries of your Will are your children, grandchildren and beyond.

not AB stuff at all

I agree with Lord Snooty ( 2005 ) "wills and trusts have had their day" - aadmittedly that was about taxation

[jourdain2]

Oh gosh! Thank you all.
It's not 'about £100' to write a will PP - this one cost me £400! My total income is just over £1,000 a month so it is a considerable expenditure for me.
Looks as if I am in for it, though (but we need oil for the heating - and that's shot up!)
No wonder she never comes to see me - I'd wring her neck!!!
I'd love Barmaid to speak authoritatively - meantime, I'll do a letter, it can't do any harm, and may help if I pop my clogs before I can get anything done.
I've already parted with what I think is a lot of moolah to help her get advice and a divorce. Now he's stopped sending so much money (no financial agreement ever reached)I'm having to buy granddaughter's school uniform. I could weep. This daughter has ben problematic since pregnancy.
Sorry, not your problem. :)
I'll get in touch with official will-maker next week. Meantime I am ensuring that Daughter's father (1st Mr. J2) is abreast of all this - he's now in the same situation and he won't be happy either.

[Hymie]

One silver lining I’ll offer is that an inheritance may be treated as non-matrimonial property in the event that your daughter was to divorce. So he that cannot be named, would not get a share of the inheritance (from you) should they divorce.

But it would ultimately be the decision of a court in determining whether the inheritance was or was not to be treated as matrimonial property to be shared out in a divorce.

[jourdain2]

Thanks Hymie, all information welcome.

[Peter Pedant]

// My total income is just over £1,000 a month so it is a considerable expenditure for me.//
piffle
how much loo-loo are you trying / determined NOT to give Mr nasty?
thousands or hundreds of thousands? ( = 1 house )

Hymie has said - if a court ....
dont go to court - write or ( rewrite a will) - much much cheaper

take the longer view ( leddies tend not to)

[Peter Pedant]

if you are not prepared to spend more than 5 p making sure Mr Nasty doesnt get your hard earned moolah,
read this
https://www.netlawman.co.uk/ia/within-family

it does I admit say: see a solicitor

The bit - I am unsure of - is the effect of "no moolah unless Mr hellfire is in er hell!" and whether this is valid, considering some old judge may deem it encourages divorce...against public policy. This is what you need modern advice about

[Peter Pedant]

oh and of three neighbours who have been in and out of er hell as their parents have died intestate
none of the three ( despite my gentle prompting) has made a will

[Peter Pedant]

to answer the q
A caveat is used to prevent a grant of probate in a deceased person's estate being extracted. Naturally, this will prevent the estate administration and stop the appointed executor from administering the estate.

so no, you cant use a caveat to do what you want ( disinherit Mr Nasty) - and alternatives are above

[New Judge]

As Chris says, if you leave it to your errant daughter you have no control over it, especially if she should die intestate. I recommend the following:

1. Change your will in favour of your other daughter (100%).

2. Tell your younger girl what you have done, explaining that you will only change your will back when she is divorced and made a will (excluding Mr Nasty, obviously) and tell her why.

3. Leave (informal) instructions with your older daughter to make sure her nieces/nephews are looked after financially if (2) has not happened before to leave us.

Other than that, use 50% of your estate to set up a trust for your younger daughter's children.

You can't fanny about with this. If you die tomorrow and daughter 2 gets half your estate, "hubby" will be in line for a lottery win. If your daughter cannot be bothered to get divorced she is hardly likely to make a will so that's the only way I can see of you being reasonably sure Mr Nasty does not benefit (though even that may be open to challenge).

[jourdain2]

Thank you N.J. Elder daughter is trustworthy and good at money (a chartered I.F.L.) . It's a very positive idea.
I'm not inclined to waste any time. I thought I'd sorted all this out. I'll get cracking on it. Thanks all.

[Peter Pedant]

in my reading - Barmaid are you there
I hve been reading about the legality of stipulating that X inherits only if she IS divorced
as repugnant to public policy

Barmaid - if you have a case, can you quote it please?

(Branwell Bronte said that he cdnt marry Ina ( employers wife: employer died) because the will disinherited her if she remarried 1845. Even THEN such as thing was contrary to public police ( = that bit of will not valid). But no lit crit english grad knows that.)

BUT

I came across this - what a letter of wishes can do

https://adamsandremers.com/do-i-need-a-letter-of-wishes-alongside-my-will/

[jourdain2]

Thanks P. P., very interesting reading and I'll read it again very carefully. As it happens, my new Will arrived today and I have had to disinherit younger daughter - on the lines that were discussed. I was told by the legal lot that I couldn't stipulate inheritance once she is divorced. I will cut this new Will into tiny pieces the moment she does get the divorce of course.
A 'letter of wishes' would greatly aid the situation. I'll try to work out how to compose it and then get the Will witnessed.

[Peter Pedant]

and this:
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWHC/Ch/2018/730.html

litigation over a letter of wishes - - when is it incorported into a will and when no. Jourdains letter is post so cannot as the letter of wishes must predate the will

[Peter Pedant]

great and you have been told the right order to do it
letter of wishes
and then will

worth the money you spent, as you KNOW the answer

[Canary42]

///I will cut this new Will into tiny pieces the moment she does get the divorce of course. ///

Not good enough - you will have to write a new one revoking it AFAIK.