Married but living separately without divorce: Can I leave my assets, PF and gratuity to my brother?

Being married does not always mean a couple continues to live together. But when spouses have been living separately for years without a divorce, questions around inheritance, wills and financial assets can become complicated.

One such question is whether a married woman can legally leave her assets to her brother and prevent her estranged husband from claiming them after her death.

Today's Q&A explains such details in response to a query by a reader.

Please specifically mention that your husband is not entitled to any of your assets in the will to make it doubly sure, and preferably give the reason for bequeathing your assets to your brother.

The Supreme Court in a case of company law matter has held that it will override the nomination, but the matter of whether the Will overrides nominations made under the labour laws is not fully settled yet. The nominee is not the absolute owner but holds the money for the legal heirs. However, the employer/EPFO is legally bound to pay the nominee, bypassing the Will.

So you must get a divorce to ensure that for your provident fund and gratuity dues you can legally nominate your brothers.