that if you if you have no children, great care is required to ensure that your Will is correct.
If a couple have no children, they usually want to leave everything to the survivor on the first death and thereafter half to one side of the family and half to the other side of the family.
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 relatives”. 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 relatives and not half to his relatives 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 relatives and not half and half.
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 one side of the family and the other half to the other side of the family. This means that both parties can be assured that what they want is what they will get.
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