Couple with non-mirror wills - conflict?

Hello,

I have had written instructions from someone I know personally about drafting a Will for her and her husband. Wife has been previously married and has two children and this is Husband’s first marriage and he has no children of his own. Wife’s instructions on first death was 80% to Husband and 10% to children and then on second death everything to children. Husband’s instructions was 100% to Wife on first death and then on second death everything to Wife’s children.

I have not met Husband yet but my advice would be different for both Husband and Wife. I would look to advise Wife to have a life interest trust in her Will just in case she dies and Husband remarries and leaves nothing to her children. This is however unfavorable for Husband as it would be better for him for it to pass to him absolutely. As you can see, they have also given me different instructions.

I would be grateful if I have an idea of what everyone does in this situation. Do others say I can see them both together, or separately or not at all?

Siobain Moore
Blaser Mills LLP

Siobain my strong view is that you owe a duty of care and confidentiality to both separately. You could breach confidentiality in this situation resulting in a complaint or worse.

Tony Pearce
GA Solicitors