When writing your Will, if you leave the residue of your estate to your children your step children will not be provided for. The reason for this is because step children do not come into the definition of children for the purposes of writing a Will. However, if you do have step children you can specify that they receive the residue of your estate.
#1 by Bill Ryan on June 20, 2010 - 1:36 pm
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This is important and actually happens a lot in second marriages where jointly owned property passes to the surviving spouse and to their children leaving nothing for the children of the first deceased parent.
#2 by Keith Simpson on January 18, 2011 - 10:08 am
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When leaving ana estate to be divided between say 3 children and one the children predecease the parents, does the estate then get divided amongst the remaining children?
#3 by Taylor on May 10, 2011 - 2:20 pm
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This is something I will have to look into.
We did our wills after both our second marriages when step children were in the mix.
Our lawyer knew this so we assumed that he was wording the will properly so no one would be left out.
Now I need to go back and check this out to be sure.
Thanks for bringing this to my attention
#4 by Bill Ryan on August 25, 2011 - 11:52 am
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It depends what is said in the will. You can have it shared between siblings or pass to the deceased sibling’s children if any.