My daughter is due to marry next year. She and her brother are due to inherit property from their grandfather on his death and it was agreed that before each of them got married they would both sign prenup agreements to protect the other in case of a divorce.
They plan to rent the properties out as a joint business venture.
This was mentioned again in conversation a few weeks ago and my daughter has now announced she will not be getting a prenup as she feels that this is not needed for her and her future husband, even though the inheritance arrangements have not changed.
Her brother is in a longstanding relationship and still stands by the agreement they made about the prenup.
However, he is now asking what would happen if in the future the worst does happen, and if his sister gets divorced where that will leave him.
He has quite rightly pointed out that he would never be in a position to buy her out of all the properties if this scenario occurred, thereby forcing them to sell the properties in order for such a divorce settlement to be made.
Both my children have seen their aunt go through a very messy divorce and nearly lose her own property. My son wishes to protect any future inheritance because of this.
Prenup shunned: Can you protect a future inheritance from your child's spouse if their marriage fails
Unfortunately my daughter will not budge on this matter and now refuses to discuss the matter with any of us, including her grandfather.
Many years ago when my husband and I made our wills, we were informed that clauses could be written into our wills to prevent any future son or daughter-in-law being able to have rights to any future inheritance we left.
I have looked into this, but everyone I have spoken to informs me that any clause written in a will would be unlikely to stand up in a divorce case.
My question is, could something be written into our wills or my father's wills to state that any future inheritance never be included in divorce settlements if the situation ever arose?
Or is a prenup the only way of protecting their future inheritance from their grandfather and also their inheritance from us when the time comes? Or are there other options to solving this growing family problem?
Tanya Jefferies, of This is Money, replies: You don't mention having any objection to your daughter's fiancé, so presumably wanting to keep the inheritance in the family is a matter of principle and practicality, not any personal suspicions of him.
Many people seek to protect inheritances from their children's spouses, though there are limits to how far you can go because courts retain a lot of leeway when deciding a 'fair' split of assets on divorce. Often the aim of that is to look after the needs of any children.
For now though, it sounds like you are trapped in a worsening family row before your daughter has even got married.
And it is understandably difficult to stay neutral or out of it altogether, since it involves both your children and might end up causing you and your husband to review your own wills.
We asked an experienced family lawyer to answer your questions, and give you a broad overview of your options to help you decide what best to do.
Michael Chapman, head of family law at JMW Solicitors, replies: Your son’s concern is understandable, particularly given what he has seen happen to his aunt.
You can take steps to protect the properties, but a will alone cannot guarantee they are kept out of a future divorce settlement.
In England and Wales, neither a will nor a prenup can entirely remove the court’s power to reach a fair financial settlement.
Could a spouse claim a share of an inheritance?
Inheritance is generally treated differently from money and property a couple build up together during their marriage. It is not automatically shared on divorce.
But that does not mean it is untouchable.
How the couple treat the inheritance matters. If it is used to fund family life, or becomes ‘mingled’ with family finances, it may be harder to ring-fence.
Michael Chapman: There may be other ways to structure the inheritance, such as leaving assets in a trust rather than giving them to your children outright
The court can also use inherited wealth to meet either person’s financial needs if there are not enough other assets to do so.
In short, where the money comes from is important, but it does not override the need for a fair outcome that meets both parties’ needs.
How much protection would a prenup offer?
A prenup sets out how a couple intends to deal with their finances if they divorce. It can record their agreement that an inheritance, including one they have yet to receive, should stay with the person who inherits it.
A properly prepared prenup can carry significant weight, but it does not guarantee a certain outcome.
For the court to consider it, both parties should have given a clear picture of their finances, taken independent legal advice and signed freely, understanding what it means.
The court can depart from a prenup if holding the couple to it would be unfair on divorce. This is particularly so if it would leave housing needs, or the needs of any children, unmet.
What could this mean for your son?
Your son’s concern is understandable. If he and your daughter inherit the properties jointly, her husband would not automatically become entitled to her share if they divorced.
However, the court could take its value into account when deciding her financial settlement.
If there was not enough money elsewhere to fund that settlement, she might need to release money from the properties. That could affect your son as joint owner.
Can you protect the properties through your will?
Your will can say who should inherit what, but it cannot dictate how a court deals with that inheritance in divorce proceedings.
A clause saying the properties must never be taken into account on divorce would not bind the court.
There may be other ways to structure the inheritance, such as leaving assets in a trust rather than giving them to your children outright.
A trust allows trustees to hold and manage assets for the people intended to benefit.
Depending on how it is set up and used, a trust may offer some protection. Again, though, it is not beyond the reach of a divorce court, and whether it is suitable needs careful advice.
How can you broach the subject with your daughter?
It may help to separate the conversation about a prenup from the question of whether your daughter trusts her future husband.
The aim is to agree how family wealth should be treated, not to predict that the marriage will fail.
Approaching it as part of planning for the future, alongside making a will, may make the discussion easier.
So is a prenup the only answer?
A prenup remains one of the strongest protections available, but it works best alongside a carefully considered will and advice on how the properties are owned.
The right approach will depend on their value, the family’s other resources and what you want the inheritance to achieve.
No single document can provide a watertight guarantee.