Chris Hutchinson, Family Solicitor of Murray Hills Solicitors says that in an ever changing society, the focus is changing in family law.
“We are seeing more and more people who are in second relationships. When they come to see us, they often want to know how to make sure that their children from a previous relationship do not lose their inheritance when they die, but at the same time they do not wish to leave their new partner in financial difficulty.”
Sadly, it is a fact of life that many relationships break down. Often, separating couples have children, and when they subsequently enter into a new relationship, they are concerned to protect these children in the event of their death.
One of the best ways of doing this is under the provisions of a Will. A very popular way of achieving the desired aim is for a parent to leave assets on ‘trust’ to ensure that they ultimately do pass to their children from the previous relationship.
In particular, where the concerned parent owns an interest in the house they occupy, a clause can be inserted in the Will which permits the surviving partner to remain in the property as long as he or she wishes, but that the property must be sold when the surviving partner leaves, and the interest in the house or sale proceeds then passes to the children.
Various conditions can be included in the clause such as, for example, that the property is to be sold before the surviving partner would otherwise have left, if he or she cohabits with someone.
A Will including this type of clause often has the great advantage of not making the surviving partner homeless, but at the same time ensuring that the children from the previous relationship do not lose out in the long run.
Chris says, “we have to move with the times, there are as many couples living together these days as there are married, if not more,so we have to be able to advise people on their rights as co-habitees.”
Murray Hills Solicitors can be found at 12 Railway Street Beverley. Chris Hutchinson will see people for a free half hour consultation on Thursdays, for an informal chat. Appointments can be made by ringing 01482 871871.
