Testamentary Arrangements and Inheritance
Avoiding 'Sideways Disinheritance' is another reason for establishing a Will Trust.
This occurs when the first spouse passes away, leaving behind offspring from the marriage who could reasonably expect to inherit a portion of the family estate upon the demise of both spouses. If the surviving spouse remarries and fails to provide for their children in a new will, there is a chance that their new spouse will inherit everything.
To avoid this, you could establish a “Life Interest Trust” in your Will, leaving your share of the family home to your children while allowing your spouse to continue to enjoy the right to reside there. Before pursuing this path, you should obtain legal advice.