Ask an Australia Law Question, Get an Answer ASAP!
If a will names both your husband and yourself as beneficiaries, then clearly he would be entitled to have a say as to what happens to at least half of any bequest.
If a will names only you as a beneficiary, as would be likely under your Mother's will, that is your money.
Unless you agree to pay him the money to use for his debts, you decide what to do with it. Similarly, in your husband's case, if his mother's will names him only as a beneficiary, that money is his to do with as he chooses.
I trust this has answered your question.
That is unfortunate.
Perhaps your mother could consider changing her will with instructions to executor that your bequest must be invested for a period of time before being released to you. This period of time could equate to the time it will take your husband to pay off his debts. You need to discuss your predicament with your Mum and arrange to see a lawyer and explain your predicament and see if the lawyer can draft the will in this way.
Just a thought. It would get around the problem of him demanding it from you because you actually will not get it until xx.xx.20xx.
I hope this helps.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).