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Corbett Le Quesne senior partner Barbara Corbett and partner Nicholas Le Quesne outline the danger to a child’s inheritance when a parent remarries without a pre-nuptial agreement
PRENUPTIAL agreements used to be promoted almost exclusively by wealthy parents.
They protect family assets and keep generational wealth within the family. Now, children of parents with everyday assets such as a family home, pensions and life savings are urging their parents to protect themselves and their inheritance with a grey nup (a pre-nup for the over-50s).
According to the Marriage Foundation, one in five marriages now start with a pre-nup* but…
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What does a grey-nuptial agreement actually do?
You can agree how your assets should be dealt with on death in a grey nup. For example, you may want your children to have the family home or for the family business to stay within the family. You can then make your wills in the same terms.
A spouse can prevent those things from happening because they are entitled to one third of the movable assets of their partner (eg cash, shares, share transfer property, businesses). If there is a will, then the spouse also has a right to dower, which means they can live in the family home and can remain there and prevent a sale, even if they marry again, until their death. A grey nup can prevail over these rules, and robust protection is available in the form of a contrat du mariage.
A grey nup also protects your assets in the event of divorce. If you have been married before, perhaps you received assets built up during a first marriage or your partner died and you have all the assets that you anticipated would one day go to your children. If you then divorce without having protected those assets, then your children may lose out.
Don’t forget, you can’t rely on your spouse making a will, giving the money to the people you agree, as they can change that will at any time. If they remarry or have their own children, then the wishes in their will could also be overridden by the law.
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What can’t it do?
A pre-nuptial agreement is only between partners. You cannot stop children from claiming one third of any movable property on your death. Children have an absolute right to one third of the movable estate when a parent dies. You can deal with this by speaking to your children and explaining how you want to deal with your assets on death and then hoping they will respect that.
You can give them money in their lifetime and that will count as an advance of their inheritance which may reduce the likelihood of them making a claim. You can invest in immovable property as this is dealt with differently under the law. You can put assets in a trust.
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Corbett Le Quesne specialises in family and private client law. If you want advice about making a pre- or post-nuptial agreement, about estate planning and what rights you and your family have in the event of death or divorce, contact us for a free 30-minute information session.
Call 01534 733030 or email enquiries@corbettlequesne.com.
*www.marriagefoundation.org.uk/research/one-in-five-weddings-now-start-with-a-prenup
