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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43764
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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A defacto relationship. I have three grown kids,he has 4.

Customer Question

Im In a defacto relationship. I have three grown kids,he has 4.
Talking wills now. He has large assets ( generous settlement already settled with ex including super )and i have minimal with large inheritance down the track but I work a reasonable income at 49M,
My partner feels an equal split between his 4 kids and me is fair, even though his children will inherit equal amount from their mother ideally. partner has a view to change the will as time goes on, i.e. we marry and include my kids,
is this considered a fair way to do it? I had been raised to value that the partner was willed to initially then the kids after I die,
Does the fact that I have an inheritance equal to his assets make a difference before the event?
Also intend to make a will and was wondering should about willing my life insurance and super and should my 3 children be willed to along side my partner?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you

Firstly what you each do in your own wills is your own business and you should not be influenced by each other.

If you leave nothing to your children and leave it to him there is not guarantee he will give anything in his will to your kids and the same applies the other way.

You have to make provisions for your children in your will.

Do not rely on him making provisions if you pass away and she should be doing the same thing.

I cannot tell you how to distribute that is your choice.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
Hi leon,Thank you, ***** ***** clarify that as committed life partners , we should not be influenced by each others will? What is a joint will in that case? And my question about is this a fair way to do it is really asking what the most commonly used distribution in our situation would be , or does that constitute legal advice?ThanksCecile
Expert:  Leon replied 1 year ago.

Good Morning,

Each person should have their own will and in their will it should set out their own personal wishes. Agreeing to do things and leaving everything to each other is no guarantee because when one passes away, the other can change their will and not do what they sais they would when they were both alive.

There is no such thing as a joint will. Each person has to have their own.

You should have a Solicitor give you advise. You tell them what you wish to achieve and they will then tell if if it is possible and what are the problems.

There is no fair way as you say. The law allows certain people to challenge wills but they may not be successful. So you have to make sure that you take care of the people you want in your will. Leaving it up to another person is no guarantee that they will look after your children if you go first and your children may not be able to contest his will

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Expert:  Leon replied 1 year ago.

Good Morning

Just following things up and seeing if there is anything else I can assist you with?

Regards

Leon