Cirencester Scene Magazine - Establishing Local Connections
Wills and the Complexity of Modern
Families By Alison Fielden & Co Solicitors
The complexity of modern families and stepfamilies means that it is vital that remarrying couples get the details of their wills right, in order to protect their intentions after death.
With the 2014 wedding season imminent, more and more people will be embarking on their second marriage. Yet memories of the happy day could sour in the future if latest figures on legacy disputes are to be believed.
The latest High Court figures show a 700% increase in disputes over wills during the past 5 years. This rapid rise seems to have been
caused mostly by a failure to make flexible provision for spouses and children within stepfamilies.
In cases where a parent remarries, for example, a simple, straightforward will relies on the good intentions of the surviving partner to provide in their will for their estate to be divided between children and stepchildren. Yet allegiances change, and it can cause friction when the intentions of the deceased partner are not adhered to.
Creating a new will is especially important in the case of remarriage because any existing will is automatically cancelled out when somebody remarries. Legally, you have to start from scratch in determining your legacy. Practically, too, it makes sense because the introduction of stepchildren into a family inevitably adds complexity.
The answer is to strike a balance in the will between providing for your spouse after your death, and ensuring that the desired inheritance for your children is protected by
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