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Second Marriages

Planning Appropriate Life Interest Wills

1 September 1996

Planning Appropriate Life Interest
Wills for Second Marriage Situations

Ralph P. Ray, BSc (Econ) TEP FTII Solicitor, Tax Consultant with Shoosmiths & Harrison

Over one in three marriages come unstuck. Therefore, second and subsequent marriages with stepchildren are a frequent occurrence and concept.

This situation has to be contrasted with more "normal" situations of the united family or husband and wife and their own children. The motives and approach in preparing appropriate Wills is, therefore, quite different. In particular in such "normal" circumstances it is clear cut that on the death of the surviving spouse the family assets will devolve to the children and issue.
Set out below are some of the key features to be borne in mind where this "unity" is absent, namely in the stated context of a second or subsequent marriage and stepchildren.

The considerations and motives of husband and wife in these situations are the same or s...

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