Standard will: half to spouse, half and gift over to children

This is a very popular choice of Net Lawman will document because it suits the modern relationship – that is, one where, quite frequently, the testator is not living with the other parent of the children. It ensures that both the spouse, or life partner and children are well provided for.  Further, it ensures that on the spouse’s death, the rest of the legacy under this will passes to the children, not, to the spouse’s new partner.

Of course you may first give any gifts of personalty or real property to anyone you specify. The spouse is allowed to keep and reside in the marital home, and is entitled to interest under the trust as a beneficiary with a life interest.  It ensures that the trust capital is maintained for the remainderman – in this case, the children.

It also contains a useful paragraph ensuring that the income otherwise received from the trust, including the right to live in the house, is terminated if the spouse chooses to live with someone else. Of course this isn’t meant as a nasty ‘payback’ but simply protects your life long assets from being redistributed according to your spouse’s wishes – that is, possibly to their new partner. Instead, you can rest assured that if your spouse does decide to live with someone else, their interest in the trust goes instead, to your children.

Further, there is specific provision to ensure that the trustees retain the capital of the trust fund for the benefit of the children.

This will is suitable for a person married to, or living with someone other than the parent of their children.The Net Lawman wills are suitable for most situations.  If the will you need is not here, we can draw a will to your precise instructions for a very reasonable fee.

In these descriptions: “remainderman" means the person entitled to capital and any accumulated income after the death of a person with a life interest (a “tenant for life”).