It is often difficult for a willmaker to know what to do and what is fair, when making a Will in circumstances when they have children from a former relationship but they still want to provide for their new spouse. Not only is it difficult to work out what is “fair”, but it is also important for the willmaker to minimise the risk of a Family Provisions Claim being made against the estate.
A Family Provisions Claim would have the effect of significantly increasing legal fees and thus causing even less to be available for division between the children of the first relationship and the current spouse. While there is no ‘silver bullet’, there are a range of options available, such as Mutual Wills, Life Estates and Testamentary Trust Wills.
You need sound advice regarding these options, including the advantages and the disadvantages of each option.
