Parents' Will Dilemma - any advice?

[BrionyAur]

Hi

I'll try to keep it brief.

Had a Will Meeting with my parents yesterday. I am one of 3 siblings. Eldest brother has separated from his wife but given her their marital home, he now lives in rented accommodation.

My parents want to split their estate into 4 - my 2 brothers and I will get a quarter each and the remaining quarter will be split between the 4 grand-children.

My parents are keen for my eldest brother to get his quarter but his wife not to benefit at all. Does anyone have any idea how this could be achieved given that they are still legally married and seem in no hurry to get divorced?

Why is he reluctant to get divorced?Seems the easiest solution.

It's probably worth your parents taking some specialist egal advice. It may be possible for your brother to take formal steps to "carve it out" of anything that would pass to his wife. For example he may be able to put in his own will that an equivalent amount in his estate is left to someone else in the event he dies whilst still married. The risk is of course that if it just passes to your brother and his wife out lives him and there is no separate arrangement she would likely receive it and it could get messy trying to get it back if the relationship with her isn't great.

@RedHelenB

Why is he reluctant to get divorced?Seems the easiest solution.

It's a bit complicated - he has some mental health issues,, but it seems they are still good friends and spend a lot of time together. We are not quite sure why they are not getting on with the divorce

@Vamoosh80

It's probably worth your parents taking some specialist egal advice. It may be possible for your brother to take formal steps to "carve it out" of anything that would pass to his wife. For example he may be able to put in his own will that an equivalent amount in his estate is left to someone else in the event he dies whilst still married. The risk is of course that if it just passes to your brother and his wife out lives him and there is no separate arrangement she would likely receive it and it could get messy trying to get it back if the relationship with her isn't great.

Thank you. Perhaps they could specify that in order to be able to inherit, there need to be certain conditions. My parents have asked my other brother and I to be executors of the will and they are trying to make sure he will be the sole beneficiary of his portion, because he has given his major wealth (his property) to his stbx. Good idea to get specialist legal advice (I did mention this to them).

If they're not divorced he still has a claim on that property.

Red - Yes, this is true. We are not sure why they are not getting on with getting divorced; in the meantime my parents are (understandably) adamant they want to make sure their will is created in such as way as to make sure he has his share for his own use, and it can't be claimed by his wife (which could be the case if they are still legally married) or left to her in the event he dies before her