Protection in the event of re-marriage/ new partner

0779mike

We want to word our wills so that our assets pass to each other and subsequently pass to our natural children but not to children of any new relationship that the surviving partner might enter into.  Has anyone done this ?  Could you supply me the wording ?

peb

Anything remotely complex needs a solicitor.  You are probably going to needs trusts 

sammyjammy

I don't believe you can do this, the remaining partner can write a new will at any time of their choosing.

Ms_Chocaholic

Do you own your home? Do you have joint accounts?

tightauldgit

0779mike said:

We want to word our wills so that our assets pass to each other and subsequently pass to our natural children but not to children of any new relationship that the surviving partner might enter into.  Has anyone done this ?  Could you supply me the wording ?

I'm not sure that you can dictate what someone else does with their inheritance the way you suggest here. Once it's passed to them then it's their property and they can do what they want with it, surely?

If you want it to go to kids then I think you would have to leave it to them directly. 

turnitround

So if you were left and got another partner you would deprive any future children you may have in favour of those already born. Seems odd.

gizmo111

turnitround said:

So if you were left and got another partner you would deprive any future children you may have in favour of those already born. Seems odd.

I think the OP means that they would not want their share of the assets going to the survivors children of a new relationship. 

Malthusian

0779mike said:

We want to word our wills so that our assets pass to each other and subsequently pass to our natural children but not to children of any new relationship that the surviving partner might enter into.  Has anyone done this ?  

As written that is not possible.
Life interest trusts do something similar to what you are asking, but the surviving spouse only receives e.g. the right to an income from the assets, or, the right to live in a home, or something similar, not the assets themselves.

Could you supply me the wording ?

No. That would be legal advice for which you need an SRA-registered solicitor.

sheramber

Once th asset is passed to someone else i belongs to them.  They could sell it or gift it to someone ele or leave it to someone else in their will.

If you are talking about a house you can own it as tenants in common and leave you share to your  children, with your husband having the right to live in it until he dies.

He can make the same arrangement for his share.

Make a list of what assets you want to protect  then discuss this with a solicitor to ensure your wills are drawn up correctly and not ambiguous in any way.

Do not try to do it yourself.

onomatopoeia99

Sounds like you want an entail (or fee tail).  Those were a thing in Jane Austen's time (events in Pride an Prejudice are largely driven by an entail on Longbourn) but don't exist now.

Based on my experience of doing probate for my dad, you would probably need your wills to create an immediate post-death interest trust, for which you will need legal advice.  This won't achieve all of what you are asking for but might get part way there.

Grumpy_chap

I am not knowledgeable at all but there was a thread some while back where it was mentioned that the couple could write "joint" wills (not mirror wills).  The indication in that thread was that the joint will required both parties to be present to make a change and, obviously, if one party is deceased then they cannot be present and that prevents the survivor from changing the joint will.

I can only recall it being mentioned once in the forums.  I assume if it was as easy as it sounds in my recollection, it would be a common thing and the subject would arise more frequently.

Your aspiration sounds like a common one.
I assume, though, given the possibility of future offspring is mentioned, you are both quite young.  It is to be hoped you both have long lives ahead, but the whole context of your OP is that one of you may cease to be prematurely and the survivor may have another 40-odd years beyond that eventuality.  
Without considering writing out the children, I can see difficulties in an individual being bound for that period of time by the "joint" will (if such a thing can exist).

As others said, this seems to be a case where legal advice is pertinent.