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How do I protect an inheritance?

110 replies

vickyfowler · 28/01/2026 19:26

We are in Scotland

I am potentially going to inherit a property that I have zero interest in keeping so it will be marketed as soon as possible. DH has 2 (adult) children who I absolutely do not want to benefit from the proceeds of this property. We also have adult DC together. If there any way to ensure his DC have no claim on the money in the future?

OP posts:
rockingroller · 29/01/2026 09:14

vickyfowler · 28/01/2026 20:39

O don’t want to spend it all but my question is of DH does first would the money be considered his as well as mine for the purpose of the legal entitlement of his children. I don’t care if they get a share of if I die second, I just don’t want to have to give them any of my money while I am alive as I would want to enjoy it. Spending it would’ve batshit. Having it I to old age would be brilliant.

In england it will remain your money if DH dies first, for sure. Don't know about Scotland.

Musicaltheatremum · 29/01/2026 09:26

vickyfowler · 28/01/2026 20:58

My concern was whether the money would be considered marital money because if it was they have a legal entitlement if DH dies. If the money is not considered marital and is purely mine then they have no entitlement.

They are not young, they are adults.

No. If the money is yours in your account then if DH were to die first they can't get that money.

Musicaltheatremum · 29/01/2026 09:31

Just checking you have made a will though as you say you will see a solicitor "when the time comes" It's never to early to do wills and POAs too.

GETTINGLIKEMYMOTHER · 29/01/2026 09:57

Keep whatever it is in your own name, and make sure your will is explicit and up to date. It will probably be worth using a solicitor to make sure any possible loopholes are covered.*
Also make sure someone else you trust knows where to find your will, and preferably give them a copy.

*Talking of loopholes, a childless aunt left her assets to be split between nieces and nephews, and if any had already died, their share was to go to their own children. But the solicitor had added ‘whether natural or adopted, legitimate or illegitimate’.

And a friend wanted to leave a substantial asset to a particular charity. Simple enough, in theory, but his solicitor strongly advised leaving the actual asset, NOT the proceeds of the sale, ‘…otherwise there would be endless hassle, why hasn’t it sold yet, why hasn’t it sold for more money’, etc. He said he had known it all too often.
I for one would not have thought of either of those.

vickyfowler · 29/01/2026 11:15

Cottagecheeseisnotcheese · 29/01/2026 09:09

In Scotland you can't disinherit your children or spouse. This goes back to a time when the farm or croft or business would go to eldest son, hoping he would look after his widowed mother and younger siblings, sometimes they didn't and were left dependent on the parish, this law was to stop destitution of widows and children without forcing division or sale of heritable property IE farm business etc

Yes I know this, it’s the whole reason I asked about whether the money would be considered ’of the marriage’ as if it were DHDC would stand to inherit even I he died first.

OP posts:
vickyfowler · 29/01/2026 11:16

rockingroller · 29/01/2026 09:14

In england it will remain your money if DH dies first, for sure. Don't know about Scotland.

Thank you, it’s had been answers several times that the money would indeed be safe as ‘mine’

OP posts:
vickyfowler · 29/01/2026 11:17

Musicaltheatremum · 29/01/2026 09:31

Just checking you have made a will though as you say you will see a solicitor "when the time comes" It's never to early to do wills and POAs too.

Yes absolutely. ‘When the time comes’ was just re the inheritance, we already have everything in place for our current circumstances

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goody2shooz · 29/01/2026 19:06

vickyfowler · 28/01/2026 20:33

I don’t want to. I would want to have the money for me. Sure they would get something and obviously I would not go wasting the rest so they stand to inherit eventually but I would be in no rush to hand it over.

Why on earth ask a bunch of randoms on MN instead of talking to the solicitor who will handle the inheritance/will/sale/conveyancing?

vickyfowler · 29/01/2026 19:14

goody2shooz · 29/01/2026 19:06

Why on earth ask a bunch of randoms on MN instead of talking to the solicitor who will handle the inheritance/will/sale/conveyancing?

Same reason anyone else asks a question I suppose. Chat, curiosity, some ideas to explore further. I presume you missed the part where I said I would obviously speak to a solicitor when the time comes?

OP posts:
vickyfowler · 29/01/2026 19:17

@goody2shoozi have just noted your only input here is to ask why I bothered posting, so right back at you. Why on earth did you come on here to comment that? If you don’t think threads are worthy just scroll on past. No need to tell anyone, we don’t care.

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