“The blended family isn’t just an ordinary family times two. It’s a special kind of family with special needs”. –Maxine Marsolin
The above quote couldn’t be more true when dealing with blended families when it comes to preparing a Will.
Whilst in NSW there is a formula used to determine what is to happen to one’s assets should they die intestate (without a Will), this formula doesn’t always fit with what society is come to label as a ‘blended family’.
Typical blended families include a marriage between two individuals where one or both already has children from a previous marriage or de facto relationship.
Careful planning is required to ensure that the interests of children from each of the first marriages/relationships are protected as well as the new/second spouse or partner and any children that may result from this relationship.
Further, it is vital to consider whether a previous spouse was provided for in a family law settlement by consent or other orders to avoid any potential claims on a deceased Estate from a prior spouse.
In some circumstances, a testator (the person making the Will) may wish to leave out a family member where there is an estranged relationship or where that family member has been significantly provided for during their lifetime and for this reason they are disqualified from benefiting out of the deceased Estate as a beneficiary.
All of these scenarios fall outside the laws of intestacy found in the Succession Act 2006 (NSW) and for this reason it is important that anyone that falls into any of the above categories seeks proper legal advice and carefully considers how their Will is drafted to provide the correct inheritance to family members.
At Prospect Property & Estate Lawyers, we take time to understand your instructions and offer a tailored approach when drafting and preparing your Estate planning needs. We understand it is a difficult discussion to have and we are approachable and personable so that you feel at ease when discussing these heavy subjects and that your wishes are articulated clearly in your Will.
We offer home visits and are happy to meet you outside normal business hours to work around your busy schedule.
Contact us today for a free chat about how we can assist with your Estate planning needs.