Mitchell Hames - Estate Planning

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What is a blended family?

Families come in all shapes and sizes.

I love to hear about the relationships that matter to you and your family. I’m lucky enough to have worked with every type of family, large and small.

This includes:

  • families where children are raised by their grandparents or other relatives

  • people who don’t want to divorce their former partner for financial reasons

  • divorcing couples

  • couples planning to marry

  • religious and non-religious families

  • wealthy families

  • joyfully single people

  • bereaved families

  • brothers and sisters who live together

  • foster families

  • stepfamilies

  • single-parent families

  • same-sex, opposite-sex, and non-binary partners

  • same-sex, opposite-sex, and non-binary civil partners

  • married same-sex, opposite sex and non-binary partners

  • cohabiting couples

  • people in loving relationships who choose not to live together

  • households with family members from 2, 3, or 4 generations

  • adoptive families

The starting point for estate planning is always the family tree.

The family tree

In the 1950s and 60s, the family tree diagram was often simple—Mum, Dad, children, and grandchildren. It’s much more common for couples to have children from previous relationships in the twenty-first century.

Let me share a true story about one of my most complex estate planning discussions. Names have been changed, but the main facts are genuine.

Rachael lives with David, her partner of 10 years. They have 2 children together, and Rachael has a child with her ex-husband Pete.

David owns their shared house as Rachael left her previous marriage with debts and little else. Rachael and David also care for Michaela, aged 11, Claire’s orphaned niece, and they hope this will become a permanent arrangement. David is 10 years older than Rachael. His two adult children moved to Australia 12 years ago with their mother, and he has never bothered to finalise his divorce.

Making a Will was way down Rachael and David’s priority list. Estate planning was not on their list at all. Their friends suggested that making a Will with such complex personal circumstances would be painful, lengthy, and expensive. A prompt from their mortgage adviser persuaded them to make contact and get the facts.

Complicated? Certainly.

Needing careful thought and planning? Definitely.

Unusual? Not especially.

When two people come together with children from previous relationships in estate planning, we call their new family a blended family.

Rachael and David’s family tree diagram has more branches than many, but their blended family relationships are not uncommon.

Modern families

The law hasn’t changed to reflect these types of modern relationships. The Wills Act of 1837 is still in force today. The rules that decide who inherits are set out in legislation made in 1975, and updates have been rare and relatively minor changes.

David and Rachael

Without a Will, David’s estranged wife in Australia is his legal heir. If David dies first, Rachael is entitled to nothing and will have to go to court to be able to stay in their home.

Without a Will, Rachael’s 3 children would inherit her estate if she died first. David and his older children would be disinherited, and her niece would get nothing.

If you think your circumstances are too complicated or worry you’ll be judged for unconventional arrangements, please get in touch. Complexity is no problem. I promise friendly advice and guidance without judgment.  Plus, there’s no commitment to move forward until you’re happy with the estate planning solutions I recommend.

Uniquely tailored to you

I always explain how the law applies to you and those who depend on you.

Let me guide you through the Will making process simply and without unnecessary legal jargon.

It’s a privilege to help my clients’ families. Please get in touch if you would like a free initial discussion.