Can I legally prevent myself from accessing my partners inheritance?

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26 January 2020
My partner believes that they will lose their grandmother this year.
She was raised by her Grandmother from 12 - 21 as her mother is deceased.
Her brother has lived his entire life there and resides there still. He is in his early teens.
My partner has been informed that she will be left out of the will and the entire estate will go to her uncle.
The reason is because the grandmother does not want any inheritance going to her while she is in a relationship with me. She believes that I will steal it.
Is it possible for me to sign a document that prevents my access to any of the funds after our wedding to reassure the grandmother that any inheritance left to my partner is under the control of my partner at all times.
Kind Regards

Jacqui Brauman

Well-Known Member
15 January 2016
Your girlfriend's grandmother is probably not getting the best legal advice either, because there are other things that can be done in her Will.

There are a number of possibilities for you:
  1. Sign a pre-nup (binding financial agreement) that all your girlfriend's assets and any inheritance will remain hers in the event that the two of your separate. This doesn't stop your girlfriend from spending inheritance on you, though, and doesn't stop the inheritance going to you if your girlfriend dies while the two of you are together
  2. Sign a deed that you release any rights you may have to your girlfriend's inheritance. This is hollow legally, but may make your girlfriend's grandmother feel better.
For your girlfriend, she may have a claim for family provision on your grandmother's Will after she passes away, depending on which State you live in. Same with your girlfriend's brother, if they're both excluded.

Finally, from your grandmother's perspective, she could create a trust in her Will for your girlfriend which provides protections for her inheritance. But the grandmother would need to change her Will for this to be implemented.