DAVID Carson, Head of Estates and Trusts at RJS, advises a Life Interest Trust Will to avoid the sort of problems encountered in a case featured in The Sunday Times (29th November).
The report showcased how mirror wills can be legally changed by a surviving spouse – in this instance by a second wife who left nothing to her deceased husband’s four children from his first marriage.
Lulu Jones reportedly rewrote the will in the same month she died, aged 62, in June this year. She left the entire estate to her two children, with her late husband Roger’s children removed completely.
David Carson said: “If Mr Jones had made a Life Interest Trust Will he would have safeguarded his wishes to include his children in the estate.
“As he died before his second wife, she was legally able to change their mirror will and transfer the estate to her own two children from a previous relationship.
“Most people don’t realise mirror wills can be changed by a surviving spouse and cases such as this can obviously cause much acrimony and resentment.
“If Mr Jones had a Life Interest Will then his assets would have been ring-fenced for his children, even if the second wife had changed her will. In situations like this, which involve second marriages and children from different relationships, I would recommend Life Interest Wills.”
David Carson – Tel: (01782) 646320 – Email: davidcarson@rjssolicitors.com