Married Without Children: Can They Make a Will Solely for Nephews and Nieces?

Married individuals without children may wonder if they can leave their entire estate to the children of their siblings.

Through a will, individuals can dictate how their assets will be distributed after their death. This legal document allows them to choose who will inherit a portion of their estate, within the limits set by the law. Certain family members cannot be excluded from future inheritance, according to legal regulations. This raises the question: can a married person without children make a will exclusively for their nephews and nieces?

Essentially, it is crucial to understand that a married individual without progeny can indeed leave all their assets to the children of their siblings. What does the law specify in this regard? Let’s delve into it.

Married Without Progeny: Can They Make a Will Solely for Nephews and Nieces?

A married individual without children can make a will in favor of nephews and nieces, but they cannot completely exclude legitimate heirs, which include a spouse—even if separated—and parents in the absence of offspring.

Will to Nephews and Nieces if the Spouse is Alive

By law, the surviving spouse is entitled to a mandatory share of the inheritance, even in the absence of children.

Will to Nephews and Nieces if Parents are Alive

In the absence of children, a married individual without progeny must consider the statutory share reserved for parents.

Are Nephews and Nieces Legitimate Heirs?

Nephews and nieces—children of siblings—are not considered legitimate heirs unless explicitly stated in the will.

For further insights on this specific topic, refer to the article titled “Can I accept my grandfather’s inheritance if I renounce my father’s?”

VGS Lawyers is a law firm specialised in Inheritance and Wills. Feel free to contact info@vgslawyers.com