Can I Create a Will That Leaves My Estate to My Children and Grandchildren, But Not the Spouse of My Child?

It is not possible to create a stipulation within a Last Will and Testament that prevents access to the distributed assets of an estate by your heir’s spouse. But there are other options.

In a Will, assets are passed to the named beneficiary upon the death of the Maker of the Will. But no control can be exercised on the use of those assets after they are passed to the beneficiary (i.e. preventing a child’s spouse from having access to any of the estate). See Standard Legal’s Last Will and Testament legal forms software page for information about Will options.

However, a Living Trust — if properly drafted and funded — can provide some control over the long-term distribution of assets for specific uses and/or specific persons. While a Living Trust is certainly more complicated to create and manage than a simple Will, a Trust may provide the flexibility in question. Get complete details on available options within Standard Legal’s Living Trust legal forms software here.