WILL FOR BLENDED FAMILY

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AUSTRALIA

WILL FOR BLENDED FAMILIES

A blended family is a family in which one or both partners have a child or children from a previous relationship. Careful estate planning now should ensure that all of your intended beneficiaries are provided for when you die and that the potential for conflict within the family unit is minimised.

Wills involving a husband and a wife with one or more children of their marriage generally make wills of a fairly standard nature ā€“ they leave their assets to each other, or failing that they leave their mutual assets to their children.

 

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WILL FOR BLENDED FAMILIES

Will for Blended Family is drawn up when when two partners come together with one or both partners having children from a previous relationship.

 

Your Download Includes:

Joint WIll (7 pages)

Will Signing Instructions

Free Legal Drafting Booklet to help guide you through the process.

 

A will for a blended family is a legal document that outlines the distribution of assets and the care of minor children after the death of one or both parents in a family where one or both spouses have children from previous relationships. Blended families can present unique challenges in estate planning, as there may be competing interests between the surviving spouse, biological children, and stepchildren.

  1. Fair and Balanced Distribution:
    • It’s important to clearly define how assets will be distributed among biological children, stepchildren, and the surviving spouse. This might involve equal distribution, or it could mean setting aside specific assets for biological children or the surviving spouse.
  2. Providing for the Surviving Spouse:
    • You might want to ensure that your surviving spouse is taken care of while also protecting the inheritance of your biological children. This could be done through a life estate, where the spouse has the right to live in a home for the rest of their life, with the property then passing to the children after the spouse’s death.
  3. Trusts:
    • Trusts can be particularly useful in blended families.
    • A family trust can also be set up to benefit both the surviving spouse and children, with specific rules on how and when distributions are made.
  4. Guardianship of Minor Children:
    • If there are minor children involved, itā€™s crucial to specify who will become their guardian if both parents pass away. This can be particularly complex in blended families if there are children from different relationships.
  1. Specific Bequests:
    • If you want to leave certain assets to specific individuals (e.g., family heirlooms to biological children), it’s important to specify this clearly in the will.
  2. Life Insurance and Retirement Accounts:
    • Ensure that beneficiary designations on life insurance policies, retirement accounts, and other payable-on-death accounts align with your overall estate plan. These assets typically pass outside of the will, so it’s important they reflect your wishes.
  3. Consider the Risk of Disputes:
    • Blended families can sometimes lead to disputes over inheritance. Being as clear and specific as possible in your will, and discussing your plans with family members, can help mitigate potential conflicts.
  4. Review and Update Regularly:
    • Life circumstances can change (e.g., remarriage, the birth of a new child, or a change in financial situation), so itā€™s important to review and update your will regularly to reflect your current wishes and family dynamics.

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Will ChecklistĀ 

Will Signing Instructions

Will signing instructionsĀ refer to the specific guidelines and steps that must be followed when signing a will to ensure that it is legally valid and enforceable.

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