Couples often make wills which are similar to each other because they agree as to who should inherit everything after both of them have died.
However, problems can occur because the surviving spouse changes one will after their spouse has died – everyone has a right to make a new will at anytime (so long as they still have mental capacity).
Also, remarriage normally acts to revoke any existing will.
The above issues are even more problematic when the existing couple are part of a “blended” family which includes children from previous relationships.
It is possible however to minimise these risks by the existing couple entering into a contract when they make their wills. In order to have the best chances of preserving the rights of the proposed beneficiaries name in the existing wills the contract needs to be carefully worded. The wills need to be drawn up at the same time as the contract.
If you are worried about any of these possible things make an appointment to discuss your situation with one of the lawyers here at Adams & Partners. At Admas & Partners Lawyers, we act as lawyers for people all of Western Sydney including drafting wills for our clients in Penrith, Paramatta and the Hawkesbury.
Written by Bruce Coode