Will everyone in your Family be happy with your Will when you die?

Whilst it may be something that you may find regrettable it has to be faced that many gay couples face a hostile attitude from within their own families and when a gay partner is introduced things are often worse.  Over time a gay partner may be tolerated during the course of the relationship.  However, what is often not considered is how your gay partner may be treated when you are not around.   The family’s stance may change completely and sometimes when a gay person dies their family will often not accept that their deceased relative has left their entire estate, or the lion’s share, to their gay partner and immediately mount a challenge to the will when it is discovered. The terms of your will must be unshakeable and absolutely explicit if you are to avoid a legal bloodbath where your inheritance is delivered to the lawyers as the legal fees whittle away your estate and not the person you care about most.

The question of how and to whom you leave your estate must be properly thought through to avoid leaving a difficult situation behind you.  The family dynamic can be further skewed by the fact that families are far less straightforward than in the past and more people than ever are deciding to come out in later life.  Gay people have sometimes been in a heterosexual marriage prior to their gay relationship and have children from their previous marriage. The complex question of surrogate birth mothers should always be kept in mind, particularly as a surrogate mother, in some jurisdictions, is regarded as the legal mother even if there is no genetic connection between her and the baby.  If the baby’s status is not on a sound legal basis there could be problems for the remaining partner and the baby.

You will need a rock solid will to make sure no one can dispute your wishes when you are not here to put them right.  Any children must be legally yours and crystal clear instructions about guardianship should be enshrined in your will relating to their position whilst they are under the age of majority. 

Even greater attention must be delivered to the will involving an estate which includes a business, more particularly if the business is to continue running.  There may be commercial premises involved or the inheritance may include assets and plant essential to the running of the business.  There are many things that are overlooked, especially by people who never actually make it clear what their intentions are and who they want to advantage.  Some people make assumptions that those they leave behind will be kind and reasonable, reality can be far from the ideal state of affairs than that envisaged by the deceased.

Nobody really likes thinking about their will but equally, nobody likes to think that their life-partner will be left with an impossible situation to resolve.  The lawyers at Gay Lawyers will be able to put the entire situation on a sound footing and advise you how to make absolutely sure your wishes will be honoured.

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