Why second marriages require more robust review of estate plans

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Why second marriages require more robust review of estate plans
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Second-marriage couples should set up a mutual estate planning agreement that’s separate from their wills

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“You’re merging different families and they all have expectations,” says Akua Carmichael, director of tax and estate planning at The Empire Life Insurance Co. in Toronto. “When you have kids involved, it can get complicated very quickly.” But without careful planning and specific measures, nothing in that circumstance can stop the surviving spouse from changing their will upon the first spouse’s death. The surviving spouse could decide to not include the deceased’s biological or adopted children in the new will, a more common scenario than not, she says.

He notes that while second-marriage spouses will often draft the wills from a blended family perspective, “many are still unwilling to go into those difficult areas of conversation for fear of offending or hurting the feelings of their spouse.” That’s especially the case if one spouse is a business owner and children from a previous marriage are also shareholders – great care must to taken to protect their interests, says Kevin Wark, managing partner of Integrated Estate Solutions in Toronto and the author of“Family businesses and second marriages can create some interesting and difficult interpersonal and financial issues that often require the assistance of professional advisors with experience in this specific area,” he says.

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