that if you have children to different relationships, great care is required to ensure that your Will is correct?
If a couple have children to different relationships, they will usually want to pass everything to the survivor on the first death and then one half to the children of the first spouse and one half to the children of the second spouse. The problem is that if the Will is not prepared properly, then this won’t happen. Sometimes the Will, will state something like “everything to my wife whom failing to my children”. The problem there is that after the husband dies it is the wife’s Will which will govern the whole estate with the result that everything will go to her children and not half to his children and half to hers. In other words if the Will is drafted the wrong way, then the whole estate will finish up going to the survivor’s children and not half to the first spouse’s children and half to the second spouse’s children.
In a McClure Will this problem is avoided by ensuring that on the first death everything passes to the survivor but in the survivor’s Will one half of the estate passes to the first spouse’s children and the other half to the second spouse’s children. This means that both parties can be assured that what they want is what they will get.
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