Why "partner, then children" doesn't work in a simple Will

Would you like to leave everything to your partner first, and then ensure it passes to your children when they die? It is the most natural wish there is - and it is not possible to guarantee with a simple Will. Without proper planning, your money can end up with third parties instead of your children.

The remarriage problem

Imagine: you die, your widowed partner later remarries, and then they die. Marriage automatically revokes an existing Will - most people do not know this.Marriage (or civil partnership) automatically revokes an existing Will - most people do not know this. Unless your partner makes a new Will after remarrying, the assets you left them pass under the intestacy rules, principally to their new spouse. Not your children. We call this marriage-after-death risk - MAD for short - and it is well named.

Intentions are not instructions

Most couples trust each other to "do the right thing", and mean it. But a Will is a moment-in-time document that can be rewritten, revoked by remarriage, or overtaken by care fees and other claims on the survivor's estate. A promise cannot bind any of that.

What a Trust does differently

A Trust is a continuing instruction rather than a one-time gift. Direct your share to a Trust that benefits your children, with provision for your partner - commonly the right to remain in the family home - and the outcome no longer depends on what happens to the survivor. Remarriage does not divert it. If your children later divorce, their inheritance is protected too, and double taxation between generations can be reduced.

Especially for blended families

Where either partner has children from a previous relationship, this stops being a nice-to-have. "Everything to each other, then to all the children" fails silently in a simple mirror Will - see our Case File on the two words that disinherited half a family.

Key takeaways

• Marriage revokes a Will; remarriage after your death can divert everything
• A promise between partners cannot bind remarriage or a new Will
• A Trust delivers "partner, then children" in a way a simple Will cannot

Talk to a STEP-qualified estate planner about whether a Trust fits your situation - the consultation is complimentary and without obligation.