theycantdothat wrote:I agree the OP needs to consult a lawyer.
There are several points to be considered.
The first is whether you can in fact have an assignment of what is no more than a spes, that is the hope or expectation of receiving property. The hope of receiving a benefit under a will has no sound basis and can be upset in any number of ways such as the testator changing the will or dying with a nil or insolvent estate. Whilst I can find nothing online to confirm it, I am more than moderately convinced that an assignment of an expectation is void at common law, even if made by deed. To be enforceable in equity some valuable (i.e. more than nominal) consideration would I think need to be given in a situation free from coercion or deception.
The second, assuming an assignment is possible, is whether it was made in the correct form. Absent any consideration and as Atticus suggests, a deed would be needed.
The third, assuming an assignment is possible and appears on the face of it to be enforceable, is whether non est factum can be pleaded. The plea will succeed if it is shown that the document was signed with the signatory thinking they were signing something quite different.
The fourth is that any instrument giving a benefit and prepared and/or witnessed by the beneficiary's lawyer spouse pretty much has "CAN BE SET ASIDE" written all over it.
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