Hello, first time posting and grateful for any help.
I have young clients who are cohabiting with 3 children between them but no children together. They are adamant that they want their wills to be the same as those of a married couple who share children together. I have discussed all the pitfalls including that the survivor could marry and intentionally, or just by not remembering to update a will, disinherit the deceased’s children. My advice has not been taken and they are adamant they want to leave property directly to each other, or if not, then to all 3 children at the age of 25.
My issue is that in passing the residue into trust for the 3 children at 25, the children cannot be treated the same as they are some are children and the others are technically no relation to the testator (not counting legally as step children).
For example in the female partner’s will, I have two 18-25 trusts for her own two natural children. Then a separate immediate post death interest (excluding s31TA) for the other child who is technically no relation. However, the client also wanted to ensure that if the child did not reach 25, the interest would be split between the other remaining children whereas the IPD would pass the interest to him on the death albeit that he is not fully entitled until 25.
Is there a better way of facilitating what the client actually wants? They are not interested in any kind of life interest to the partner etc. I think they just feel they should be treated the same as married couples and are struggling to accept that is not the case.