that if your Estate is not secured in a Family Protection Trust, it's possible it could be changed after you've passed away?
Yes it’s true if you don’t have your estate secured in a Family Protection Trust, then it’s possible that it could be changed after you die.
And this does happen.
If each spouse has children of their own then it’s normal to leave everything from one spouse to the other and on the second death one half goes to the husband’s children and the other half goes to the wife’s children.
That is fine as long as no-one changes the second Will.
But what if the husband dies, everything goes to the wife, when she is elderly she is “encouraged” by her children to leave her estate to her children alone and to cut out the step children.
She might not want to do that but very often will agree to it just for peace.
The end result is that the husband’s children get nothing which was not what he intended.
The way to safeguard against this is for each spouse to have their assets in a Trust with the correct trustees.
This will take that risk away.
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