Wills: Married Person with Children Common to Marriage.

This form of Will is for a married person who has one or more children common to his or her current marriage. This is not a joint Will; each spouse must execute his or her own individual Will.  

If you would like to prepare Wills for both spouses at the same time, please see the Reciprocal Wills provided in the Library which have the same estate plan and can be prepared at a discount.

    • This form of Will provides that an estate will pass to a surviving spouse and;
    •  if there is not a surviving spouse, then the estate will pass to the children in equal shares or to the issue of any predeceased child (your grandchildren) and;
    • if any child predeceases you without leaving children of his or her own, then that child’s share will pass to your other child/ren.

If this estate plan does not work for your circumstances, please contact Cautela Corporation or other legal professional who can draft a Will with more specific provisions to meet your needs.

Other provisions included in the Will:

      • You have an option to name a guardian for minor children and an alternate guardian, if the first nominee is not able to act; there is an option to name a third alternate guardian if your first and second choice is unable to act for any reason. You do not have to select a third alternate.
      • The Will nominates a personal representative (executor) and provides for a second and third alternate personal representative, if the first and/or second choice is unable to serve for any reason. You do not have to select a third alternate; this is an option.

If you have children from a prior marriage, please review the Will form for married persons with children from prior marriage.