What Could Happen to Your Estate
If Your Spouse
Re-Partners?

When you prepare your Will, it’s natural to focus on your immediate wishes. Who should inherit your assets and how your affairs will be managed after you pass away. 

However, it’s also important to consider what might happen further down the track, particularly if your spouse enters a new relationship after your death.

This is a crucial consideration, especially if you have children or want to ensure your estate benefits the people you intend.

What Happens with a Standard Will?
A Standard Will often leaves everything directly to your spouse. While this seems straightforward, it means your spouse has full control and ownership of those assets. If your spouse re-partners after your death, the assets you left directly to them may become part of their new relationship’s shared property, potentially exposing them to claims in a future property settlement.

This could mean:

• Your spouse’s new partner may benefit from what you originally intended for your family.

• Your estate assets might become mixed with joint property, such as the family home or bank accounts.

• Your children or other beneficiaries may not receive the inheritance you intended for them.

A More Protective Option: A Testamentary Trust Will
A Testamentary Trust is a powerful estate planning tool that can provide greater flexibility and protection. Instead of passing assets outright to your spouse, the assets are held in a Testamentary Trust for your spouse’s benefit.

This arrangement can:

• Keep your estate assets separate from any future relationship property pool.

• Reduce the risk of your estate being included in financial disputes after your death.

• Offer a greater level of protection for your children or other beneficiaries and assist in carrying out your wishes as intended. 

A Testamentary Trust Will balances care for your spouse with measures to help protect your legacy for future generations.


Why This Matters
Life can change in unexpected ways, including new relationships. While the future is uncertain, you can take steps now to help protect your estate and the people who matter most to you. 

A well-structured Will is not just about who receives your assets. It’s about how, when, and under what conditions those assets are distributed. Without this structure, your intentions could be unintentionally undone.

Protect What Matters Most
If you want greater confidence that your estate will be used in line with your wishes, even many years from now, it may be worth considering more than just a Standard Will. A Testamentary Trust Will can help provide added peace of mind that your legacy is more likely to remain protected, no matter what the future holds. 

Get in touch with us to explore how we can help you create an estate plan that reflects your wishes and provides meaningful protection for your family and the things that matter most to you.