My husband and I bought our house jointly and we are staying together with our children.
However, my husband also have children from his previous marriage.
If anything happens to him, will the children from his first marriage have a share in our house with my children?
Rockwills Answer:
Even though your husband has ended his matrimonial relationship with his previous spouse through proper divorce proceedings, that does not mean he is no longer the father to his children.
Hence, your children together with his first set of children (but not his ex-spouse) will be able to inherit his assets including his share of the house if no Will was written by him.
Since your house is currently occupied by your family, it may be awkward for you and your children to share the property with his children.
Hence, it is best that he writes a Will to separate out assets between the two families rather than sharing all the assets which could lead to disputes.
Alternatively, you may create a trust for the children from the first marriage.
The assets in the trust would not form part of the Will, therefore avoiding disputes and unhappiness between the two families.
Your husband can place his life insurance policies in the trust for the children from the first marriage, if he wishes to provide for them.
But if he intends to exclude his first set of children from any entitlement, it is recommended that he puts down a reason in his Will for doing so.
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Source: The Borneo Post Online
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