Wills and the Modern World

Thursday 26th June 2008

The modern family is changing, in fact it has already changed in so many ways. The `traditional` married family is in decline and replacing this are a range of modern relationships. We have to ask ourselves is the law relating to Wills and the distribution of assets on someone's death keeping pace or are there dangers lurking for the modern family in the west country?

Co-Habitees

Whatever the reason be it financial, religious or just simply personal choice more people are living happily together and bringing up a family without going through the marriage ceremony. The popular belief of the `common law wife/husband` just does not exist in law and the deceased's children or other relatives could inherit everything. The surviving partner would have to challenge the distribution in the courts and only then if they comply with strict criteria.

Divorce and Second Marriages

Many people are surprised that, unless specifically worded, getting married revokes your existing Will. Co-Habitees who have valid Wills in place for many years and then decide to marry later in life should be aware of this. Equally surprising is that Wills made during marriage remain valid after a divorce has been finalised, although the law has now been improved with regards to an ex-spouse, the situation still remains less than perfect.

Step Children

Second marriages with children from the first marriage, the starting of a second family and protecting your new partner or spouse provides new challenges. Making provision for your older children may bring them into conflict with your new partner. However gifting your estate by Will to your new partner may result in some of your children being disinherited entirely. Whilst there are no easy solutions there are a number of alternatives that can be included in a Will which address the desire to provide for a person's old and new family.

I think it is true to say that the law is lagging behind the rapid changes to the family unit in the modern world however on a positive note a professionally drawn Will can do much to redress the balance.

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