Basic Will (spouse and children) – Reciprocal Wills
Who might it be appropriate for?
The "Basic Will (spouse and children)" is only applicable where
there is the nuclear family of a spouse and children and you wish
to leave your estate to your spouse if they survive you; if they do
not, then to your children in equal shares.
Further, your spouse wishes their Will to be the same as
yours. It means that both husband and wife wish to have the
content of their Wills "mirror" one another. The distinction
between "Reciprocal Wills" and "Mutual Wills" needs to be
appreciated. Read a discussion of the
distinction and about mutual wills.
What does this basic option provide for?
An outline of the contents of the "Basic Will (spouse and
children)" for a person wishing to provide for their spouse and
children is as follows:
- previous testamentary acts are revoked;
- a clause dealing with the order of deaths;
- the appointment of the spouse as executor and (if they do not
survive) then your children;
- all of the estate to go to the spouse if they survive you by 30
days; and
- if the spouse does not survive, then to children equally.
If a child predeceases you leaving children, then those children
take their parent's share equally.
The Wills of both husband and wife are the same.
Read the information requirements in the checklist.