James Ward answers a question in This is Money on how to protect your assets from your children's spouses

18 July 2019

James Ward, head of our private client team, writes in This is Money, answering the question: How do I stop my children's spouses gaining from my estate if they get divorced after my death?

James comments that this is a question he hears frequently when advising clients on the drafting of their wills. It is a common concern from worried parents looking to protect the money they leave behind.

The short answer ... is yes, it is possible to ring-fence your assets in your will to control who benefits after your death.

The most commonly used structure within a will to achieve this control is called a discretionary trust. The effect of passing your assets into such a trust is to provide no clear beneficiary for your assets.

Instead, your assets are controlled by chosen trustees (often your executors) who have the discretion to pay capital or income to your children as they deem fit. ... You will look to guide them by drafting a letter of wishes."

However, James goes on to warn of the pitfalls of ring-fencing assets in a trust.

You can read James' full answer in This is Money here.

Further information

For more information on the issues raised and other inheritance planning  opportunities, please contact a member of our private client team.

Skip to content Home About Us Insights Services Contact Accessibility