Why careful bespoke will drafting is so important in 2022

An ever-increasing number of families in the western world self-identify as ‘blended’, that is composed of children from different relationships in one family unit as opposed to the traditional nuclear family set up.  Marriage and the legal rights associated to marriage may or may not be a feature of the contemporary family.

With this change to the fabric of society comes challenge in how the legal framework progresses and evolves to serve families in their estate planning needs.

English law is adapting gradually to recognise and support the new family dynamics we meet in practice, as expert private client practitioners.

Bespoke will drafting is a lifetime planning measure that must be given the careful consideration it deserves.  An example of this is the challenge to protect the interests of children in the blended family in a way that is fair and reflects the relationships of the family members, whilst taking a well-informed view on any potential taxation issues.  Often children and stepchildren are not treated equally in will planning.  What’s more, stepchildren are not automatically entitled to inheritance should there not be a will in place.

True peace of mind can only be achieved by discerning a client’s needs and circumstances holistically, both during their lifetime and posthumously, in order to determine and articulate their wishes correctly and eliminate any ambiguities.

Furthermore, families are increasingly globally mobile with family members often dispersed from one another around the world.  Not every jurisdiction has the same common law system we are familiar with in the UK, so liaising with the right support at the right time can prove worthwhile and indeed cost effective.

Our lawyers are meeting the needs of our clients through thorough fact-finding missions from the outset of the client-advisor relationship right through to building fulfilling, career long multi-generational relationships with whole families, many of whom will be blended and will often come with their own histories, complexities and personal preferences.

To find out more about making a will, please get in touch with your local FSM Solicitors Office or email enquiries@fsmsolicitors.co.uk

The contents of this article are for the purposes of general awareness only. They do not constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.

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