Sideways Disinheritance is when an estate ends up with a new partner rather than down a generation to the children.  It happens more often than we can imagine. 

A lot of couples have a basic ‘Mirror Will’ which leaves everything to each other and then to children (or other named beneficiaries).  This is an option taken by most loving couples with the intention of providing for each other and their children.  However, in the event of the surviving spouse remarrying, the children could be unintentionally disinherited from their parents estate.

When the surviving spouse remarries, their Will which includes the children is automatically revoked by the new marriage.  If they fail to make a new Will, dying intestate, the Intestacy Rules apply, resulting in the surviving (new) spouse inheriting most or all of the estate and the children losing out on their share of their parent’s estate. 

If the surviving spouse did make a Will, they could decide to change the terms of their own Will. They could choose to leave their estate, which includes assets from the first person who died, to someone other than the children. This could be children from their previous relationship, a new partner, or spouse. The estate could ultimately end up with the family of the new partner or spouse.

You ensure your children do not lose out on their share of inheritance, you can simply make a Will once you remarry.  There are also some additional protections you can put in place to protect your new spouse or civil partner.

Using your Will to leave your assets into a Trust can be a great way to protect your children and also help to protect your new partner.

One option is to include a Life Interest Trust in your Will, also known as Protective Property Trust (PPT) .  On death, your assets will go into a Trust and held for your children or your chosen beneficiaries.  The Trust allows you to name your spouse or partner as the ‘Life Tenant’ who can remain in the property for the rest of their lifetime or, if you prefer, until they remarry.

Once your spouse dies or remarries, all your assets held in the Trust will be passed to your children. A Life Interest Trust or PPT in your Will can help to protect your children from accidental or enforced sideways disinheritance.

To discuss Mirror Wills or a Life Interest Trust call our Will writers on 0121 693 5380 or email us at enquiries@crsytal-advice.co.uk