Blended Families
Will making for the parents of blended families requires special consideration.
These issues are relevant for those in:
- Second Marriages
- New domestic relationships
- New Marriages
- Shared living arrangements
Here are some matters to consider:
- Each Will maker must make adequate provision for their own children directly or their estate will be open to a claim from those children. Tip: As soon as the children of your previous marriage / relationship are old enough, talk to them about your intentions. Warning: Don’t create expectations that you can’t or may not follow through on as this will open to way for a potential claim by that child against your estate that they did not receive something that they were promised.
- Each Will maker must make adequate provision for their step children particularly those who have lived in a domestic or dependant relationship with them. This is often achieved via a gift first to the step child’s natural parent.
- Guardianship appointment may be subjected to contrary orders from the Family Court. In any event, it is particularly important that your Guardians, whoever they are have a written statement of the Desires for the Upbringing of your children.
- Creative thought is often required with the principal place of residence. If one partner dies, they would generally not want the surviving partner to have to sell the home to gift funds to children and step children. A gift of this asset to the surviving partner or a right to reside for the surviving partner should be considered. Further legal advice will be warranted on this.
- Careful attention should be paid to the nominated beneficiaries of life insurance policies and superannuation proceeds and whether these nominations should be binding or non-binding on the trustees of those funds.
- An Enduring Power of Attorney to provide clear authority for decision making to your partner, should you be incapable of decision making, is also essential. See our Enduring Power of Attorney LawPacks.
Further Resource: Advanced Will LawPack
on December 15th, 2006 at 3:21 pm
6 yrs ago my father passed away,he was living with his second wife her two children and the two children they had together.I was 16 when he left with her and 25 when he passed away.To this day no one has told me what the will stated.I was on talking terms with him and he did tell me he would definitely leave me something as he had just received close to a million dollars in a payout.As far as im concerned he was a alcoholic who destroyed our lives and i think my brother and i are deserved something not his second family, who got him when he was sober ,and now living in a mansion with a footy ground at the back and i have nothing not even an old jumper of his.is this right?
Response:
It is certainly not right or just. Your question, I assume is what is a starting point for seeking some justice?
Given the length of time that has passed since your father passed you would probably need to bring an application to the court for an extension of the usual window of time of bringing a “testators family maintenance claim” / “family provision application”.
The sooner you obtain some specialist “estate litigation” legal advice on this the better. I suggest that you contact the Law Society in your State / Territory and ask for a list of lawyers near you who specialise in the “estate litigation” field. If you ring around those firms you will probably find a firm willing to provide an initial conference (and advice) at reduced costs and possibly even a firm willing to run some litigation for you on a no win no fee basis.
Regards
Onlinelegal
on February 20th, 2007 at 7:29 pm
As a divorcee with three children, I have repartnered and we have a child together. All the children live with myself and my partner. My ex-husband lives on the other side of the country and rarely sees his children. In writing my will I am unsure as to what I can do legally for my children should I die. I want them to stay with my partner and their sister in the home they know and are familiar with. The children were 2, 4, and 7 when my partner and I moved in together 3 years ago and he has been around as their ‘father’ for a longer period than their natural father. What chance have I got of keeping the family as it stands now, together?
Response:
I recommend that you take some family law advise about formalising the “parental” relationship that your new partner has with your children. This is going to be far more significant than simply a guardianship appointment in your Will.
However, I do recommend, as a first and cost effective step, that you use our Desires for My Children LawPack which facilitates you recording in writing, your detailed wishes. (I recommend the Advantage Version.)
Regards
Onlinelegal
on January 3rd, 2008 at 12:08 am
Can you advise me whether, in my death, my partner’s ex wife and children may have any claim against my estate - my current partner of 5 years will more than likely move in (he has no assets except his basic household furniture and a 15 yr old car worth about $1000 at best) and live with me and my adult children. I own my home worth approx $580,000, all furniture and vehicles(2) and am due to inherit half my father’s estate upon his death - roughly $400,000. I am worried that my hard efforts and building of my own individual wealth may be up for grabs should my partner outlive me (I am 50).
on February 8th, 2008 at 5:08 am
My Wife died of cancer 2 years ago, I have been left with 3 young boys. I have since started another relationship and the new partner will move in soon. she has 2 children herself. I own 90% of all assets in the relationship, how can i protect myself and my boys assets if it fails. Ive heard of bloodline trusts but given that i’m only 38 does a trust still provide flexability to live life. I have no family myself to rely on, and not sure if i would rely on anyone else as a joint trustee with me, especially if I wanted to do something like invest inproperty or something in the future. please help..