If my daughter dies, will my son in law inherit my estate?
Our Legal 500 recommended inheritance dispute team is often contacted by concerned parents asking, ‘will my son in law inherit my estate if my daughter were to pass away?’
The answer to this question depends on many factors, including when you die, when your daughter dies, and whether either of you has written a will.
If you are concerned to ensure that your son in law does not inherit your estate then you should take advice from a solicitor about making a will to make sure that you have a say in what happens to your estate after you die.
If you die without a will (“intestate”)
Assuming you are single and your daughter is your only child, if you die without a will (“intestate”) then your daughter would inherit your estate. Intestate estates are governed by the Intestacy rules and blood relatives inherit in a set order of priority (after the spouse or civil partner if there is one). If you were to have more than one child they would inherit in equal shares.
If you die without a will and your daughter has already died when you pass away then your son in law would not inherit your estate. Again assuming that you have no spouse or civil partner if your daughter had children then they would inherit your estate, in equal shares if there are more than one.
If you die with a will
If you were to die before your daughter and leave a will giving everything to your daughter then she will inherit it all. If your daughter dies after you but before her husband and she has not left a will then, assuming they are still married at the date of her death, her husband would inherit all of her estate, which would then include your estate if it is worth £322,000 or less and 50% of everything above that under the intestacy rules. Any children would inherit the rest.
If your daughter died before you then the will would normally provide for what would happen to what would have been her inheritance. You could choose to leave it to her husband or you could choose to leave it to someone else. It is common for a will to provide that the share of a person who has predeceased the person who made the will (“the testator”) will go to their children in equal shares.
If your daughter makes a will she can decide who inherits her estate, which may or may not include her husband.
If your daughter were to die having made a will completely excluding her husband then he might be eligible to make a claim against her estate for his maintenance under the Inheritance (Provision for Family and Dependants) Act 1975. If he were to make a claim and be successful then he may inherit what had been part of your estate.
If your daughter inherits your estate you cannot decide who she can leave it to after her death.
How we can help
If you are involved in an inheritance dispute and need guidance from experienced inheritance solicitors then our team of specialist lawyers are here to help.
