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ARTICLE · 12 JULY 2013

Help! My widow is remarrying

If you leave your combined estate to your spouse, then your surviving spouse can deal with the estate however they want.

AustraliaFamily and Matrimonial

You thought you'd done the right and loving thing. You left the estate to your spouse or partner in your will. You're looking after each other. You both assume that when the other person dies, they will leave the estate to your children.

But what if my widow or widower remarries? What if they marry someone who has their own children? When my widow/widower dies, will my estate pass on to this new person and his/her offspring? What if my widow/widower decides to cut my children out of their will?

Most people have a huge level of trust that spouses living beyond them will do the right thing by the kids. But Joshua Crowther, a wills specialist at Stacks/The Law Firm, warns the law regarding wills isn't so clear or trusting.

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