Pre-Nuptial Agreement And A Will

[atalanta]

I understand that prenuptial agreements may sometime soon be legally binding in English law. Will such an agreement be able to include the terms of a will ? What I mean is, if a woman agrees to marry an older man on condition that he leaves her half his estate in his will, can that will be overturned if his children later persuade him to write a new will without telling her ? If he dies after making a secret will, where does that leave her ?

[sandyRoe]

Does a wife not automatically inherit some part of her husbands estate?

[tamborine]

She claims as a dependant

[Barmaid]

Atalanta - no idea but interesting question. There is some canadian case law and a little english case law on pre-nups but none of it really spreads any light on your question.

Sandyroe - no, not in England and Wales.

Where does it leave her? It leaves her making a claim under the Inheritance (Provision for Family and Dependents) Act 1975 for reasonable financial provision. Unless the spouse is v rich or a vv short marriage these claims always have force.