REMARRIAGE, NEW RELATIONSHIPS and
The most common form of sideways disinheritance is also often called MAD which stands for marriage after death(!) With people living longer, second, third and even fourth relationships are common. It makes no difference whether the widow or widower is old or young – if they are still alive, life moves on as it must; in a way the more the partner is missed, the greater the risk of sideways disinheritance as unplanned life and the need for comfort take over.
Remarriage & New Relationships – problems arise.
The problems arise typically where the widows inherits everything, including the children. A few years later, she enters a new relationship and makes new Wills leaving everything to the new spouse or partner as he needs it. The expectation is that the now grown up children of the first relationship will be “looked after” by the second partner. But the partner has his own problems, and needs every penny he has inherited to look after the “new” children. However much he wishes to be fair, there is nothing spare to give to the “old” children. Things being what they are, two years later he is remarried to a widow with two children of her own and the chances of the very first set of children ever inheriting anything are rapidly reducing to nothing.
Remarriage – the “old” family lose out, big time.
No one has tried to be unfair, but life has conspired to make certain that the “old” children lose out completely, their their inheritance effectively mostly in the hands of unrelated strangers, and nothing anyone can do about it this late in the day. Unless…..
Remarriage New Relationships and Fairness.
If in the early days a Family Bank can be put in place which would have meant that all the flexibility needed by the widow could have been available, so she would not have been disadvantaged, but eventually the wealth created in the first relationship would find its’ way back to the “old” children. If the “old” children didn’t need the money by then because the were old and well off, then the trustees could pass the money on to their children or even grandchildren, skipping generations and saving substantial amounts of Inheritance Tax.