Prenup and Will Protection against a Wrongful Death

Prenup and Will Protection against a Wrongful Death

  • Applicant: Ms. Li
  • Nationality:
  • Applying for: Prenuptial agreement and will
  • Challenges:
    • Ms. Li had assets totaling over 1 million dollars
    • She wanted to have a will in addition to a prenuptial agreement to protect her against a wrongful death
    • Fiancé was hurt because he felt accused of being a murderer and the tension between the couple was very high

BACKGROUND

Miss Li has always been hesitant about getting married until she met the love of her life. They fell deeply in love and she realized after dating for a while that she wanted to spend the rest of her life with him. However, before she got married she wanted some legal advice to draft up a prenuptial agreement because even though she loved her fiancé, she was still skeptical about marriage. It was a bright day in late May of 2018 when Miss Xiao Li* came into Tsang & Associates’ office asking for help drafting a prenuptial agreement between her and her husband-to-be. As a smart, savvy businesswoman, she had a very pragmatic view of marriage. She knew that many marriages do not last and simply wanted to protect her assets, which totaled over one million dollars.

What made Miss Li’s request so unique however was the fact that she did not only want a prenuptial agreement but a will as well. California law requires that, upon the death of one spouse, the other spouse will receive all their properties and assets. Ms. Li was concerned about her spouse causing her death to inherit her money. For this reason, she wished to create a will that left all her fortune to her parents.

 

KEYS TO SUCCESS

We sat down with Ms. Li and her fiancé at our office and began to draft a prenuptial agreement. Tensions were high between the couple when they first entered the room. It was clear that there had just been an argument. When the subject of the will was finally brought up, an awkward silence fell on the room. Xiao’s fiancé would not speak, despite her desperate pleading. Finally, he opened up and told her he was extremely troubled and a little offended by the implications of the will. He couldn’t believe that she thought he would murder her for her money. Weren’t they in love? It seemed like their relationship itself was being questioned.

Our team helped resolve the tension by explaining how this was a very standard arrangement between couples when a significant fortune is involved, and that this shouldn’t be taken as a judgment on their relationship. Ms. Li also reassured her fiancé that she was only thinking practically and that she knew how much he loved her. After a few more minutes of discussion, her fiancé came to understand her point of view and admitted that if he was in her position, he would probably have done the same thing. The couple hugged, and all was well.

 

OUTCOME

Eventually, all the legal matters were settled, and Ms. Li and her fiancé were able to come up with a prenuptial agreement and will that protect them both. They have been happily married ever since. Ms. Li now can focus on the future with her new husband without having to worry now that they are both protected.