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Lillian DuRen
Lillian DuRen, Lawyer
Category: Australia Law
Satisfied Customers: 8
Experience:  B.Ec., M.I.R., LLB
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My husband has a substantial debt which is being repaid, both

Resolved Question:

My husband has a substantial debt which is being repaid, both our mothers are now fairly old and I'm sure that there will be an inheritance from my mother and mother-in-law some time in the future. Does my husband have the right to use my inheritance from my mother to help sort out debt problem. Or is that my money for me to decide what to do with it, eventually. Thank you.
Submitted: 8 years ago.
Category: Australia Law
Expert:  Lillian DuRen replied 8 years ago.



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.

Lillian DuRen and other Australia Law Specialists are ready to help you
Customer: replied 8 years ago.
Thank you for your answer. I kind of guessed that this is what I thought was correct. My problem lies in the fact that my husband has a very foreceful personality and this where I may have future problems.
Expert:  Lillian DuRen replied 8 years ago.

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.


Customer: replied 8 years ago.
Thank you again, I will certainly recommend your services to anyone I know who has that or any niggling problem in the back of their mind.
Expert:  Lillian DuRen replied 8 years ago.
I'm glad I could set your mind at ease.