Question from DRT60:
Hello a good friend of mine is faced with terminal cancer and she's looking at getting a will written, but she's a bit confused about how it's going to work with her having children from two marriages to include, along with a step child as well. She wants to make sure everyone's looked after and that there aren't problems when she's gone. Is there any advice I could pass along to her? Thankyou.
Thank you for your question. It is vitally important that your friend makes a Will. The intestacy laws which govern what happen when there is no Will, will not be sufficient to pass her assets on as she wishes.
You have not stated how your friend would wish to benefit her children and if she wishes to include her step child but on the assumption that she does, she will need to consider her assets, the value of those assets and how much of those she would like to leave to each child/step-child and the respective splits between each. She should take legal advice to guide her through the process. If she is currently married, she may also need to consider her husband and how he can be protected. Often trusts are used in these circumstances to ensure that everyone is looked after and ultimately the people you want to inherit actually do.
As I said in a recent response, your friend should consult a suitably qualified person to draft the Will and give appropriate advice on how the competing interests of her family can be dealt with. If she fails to do this properly or does not make a Will, there is a very real risk that there may be a dispute after her death if someone has been left out or does not receive what they expected. I hope that your friend is able to deal with making a Will soon and get the peace of mind she needs.