Blended Families

Often married couples have Wills giving everything first to each other and second

to agreed-upon beneficiaries. However, since a Will does not take effect until death,

after one spouse dies, the other can change their Will to eliminate the deceased

spouse's family members and give all to their own family or to any other persons

or entities. For a "blended" family, in which one or both spouses have children by

a previous marriage or relationship, this can be a real concern.

There are three ways to address this situation:

1) Sign a Will Contract in which both spouses legally agree that the survivor will

not change their Will.

2) Each provide separately some for your own family instead of giving all to your

surviving spouse.

3) Simply trust the survivor not to unreasonably change their Will, but recognizing

that this is not binding.

Many married couples find a Contract distasteful, and there are difficulties enforcing

these types of agreements. Many opt either to make some provisions for their

respective family members or to rely on trust. This is a client decision.