Common issues that arise when making a Will are: how to leave your estate to your spouse and prevent children or stepchildren from making a claim on your estate, and how to leave your estate (predominantly to your spouse); whilst ensuring your children benefit on the death of your spouse.
It’s been years since the attitude of, “it’s my stuff, I can leave it to whoever I like”, has been acceptable. The duty to ‘adequately’ provide for your beneficiaries must be given very careful consideration, if you want to minimise the risk of a Family Provision Claim against your estate.
Leaving children a ‘token amount’ does not prevent them from making a claim on your estate. Sometimes, this can be like ‘waving a red flag’ in front of a bull.
Family Provision Claims can be expensive, stressful, antagonistic and disappointing; and costs are often borne by the estate.
Do you need to review your current Will?
Save yourself the hassle and call Castrikum Adams Legal to assist you to put in place your Will today.