Common Examples: 100% to my child, if my child dies before me, redistribute
While you can choose to not include your spouse in your Will, the Inheritance (Family Provision) Act outlines a legal framework where your dependents can subsequently apply for a maintenance order to claim part of the estate if he/she is not sufficiently provided for. You should also consider objectively how such an intent affects your marriage.
If the concern is on the spouse remarrying, consider giving him/her through a testamentary trust instead.
To achieve this, fill up the details and selections in “Update Profile” and “Appoint People” accordingly.
In the “Allocate Assets” page, you can leave all assets as “No specific allocation”, in which case they will be distributed based on the “Allocate Residual Assets” section.
Under Allocate Residual Assets, allocate to the child accordingly.
In the “Select Clauses” page, leave the survivorship period as 30 days and select “Redistribute as Residual Assets”.
Under the “Other Instructions” section, key either of the following substitute beneficiary clauses (please edit the details accordingly) depending on whether are one of more substitute beneficiaries:
If my {Relationship}, {Name}, {Identification Number/details}, dies before me, the share of my estate which he/she would otherwise be entitled to receive under this Will shall be redistributed to my {Relationship}, {Name}, {Identification Number/details}.
OR
If my {Relationship}, {Name}, {Identification Number/details}, dies before me, the share of my estate which he/she would otherwise be entitled to receive under this Will shall be redistributed in the following manner:
- XX% to my {Relationship}, {Name}, {Identification Number/details}; and
- XX% to my {Relationship}, {Name}, {Identification Number/details}.
