April 11, 2017
Imagine how you would feel if you were told that in the event of your passing that your children would end up with nothing from your estate, despite you making a will.
This is what legal experts like to call Sideways Disinheritance, where your children are missed out of the executing of the will through the law of Intestacy.
Sideways Disinheritance usually occurs when individuals are on their second or third relationship and have children from previous marriages. A growing number of families in the UK are defined as ‘blended families’ and often children are born to parents not legally married.
If you leave the estate to your partner on your death but they remarry, the whole estate could be left to their new partner and your own children could be disinherited.
So what can you do to prevent your children from being disinherited?
In order to prevent your children being removed from your will by drafting a new will once you remarry. Simply doing this will help you avoid the situation where you disinherit your children. It will also give you the chance to talk about any additional protections you want to put in place to protect your new spouse or civil partner.
Leaving your assets into a Trust is a great way to protect your children from sideways disinheritance, as well as protecting your new partner. This is called a Life Interest Trust, meaning all your assets will go into the trust instead of being given to your spouse or partner.
The person you name as your ‘Life Tenant’ will be allowed to live in your property and gain any of the income generated by your ring-fenced assets for their life or until they remarry. Once your spouse or partner does remarry or die, your assets will be transferred to your children.
Another way you can prevent your children being disinherited is through Mirror Wills that are identical to your partner or spouse’s will. Therefore, no matter who passes away first, your wishes and intentions will match each other’s.
If you or your partner is worried about sideways disinheritance, get in touch with one of our advisors at. Our team of will experts can offer you support with writing your wills and any other queries you have.