When Jack and Carol got married, Carol already had two children from a previous marriage.  Jack and Carol later had a child together.  In their Wills they each left all their property to the other, and if the other had already died, equally between all of the children.  Carol passed away first and Jack some years later.  Upon reading his Will, the (now adult) children discovered that Jack had changed his Will and had everything to his one child with Carol.

Of course Jack was entitled to change his Will at any time, and Carol’s two children from her previous marriage would most likely be able to challenge the Will, but this is a long and daunting process.

There are options available in this situation when making your Will, such as:

• Setting up a Family Trust;

• Splitting ownership of Life Insurance policies between your partner and a child;

• Giving a “life interest” in your assets to your partner with the assets transferring to your children once your partner passes on;

• Making outright gifts to specific children.

Your lawyer will be able to help discuss what is right for your situation.