[goldnugget]

My partner is too lazy to change his will, even though he has been saying he will change it ever since our first son was born almost 4 years ago. He does have a will but it was written before he met me and it leaves everything to his adult siblings (who all, mind you, have a hell of a lot more money and assets than us).

We were recently at a family function and I mentioned to my sister in law that my partner hasn't changed his will yet and how much it is stressing me out and she said "Don't worry about it. We will make sure you and the kids get looked after".

It is causing me endless worry that if something should happen to my partner, the kids and I will have to move out of our house and lose everything to my partner's adult siblings.

Does anyone know where me and the kids would stand legally if something were to happen to my partner? We are not legally married but have been living together for 7 years and have 2 children together.

Thank you.

[joypulv]

Read wikipedia's entry on Domestic Partnerships.
Valentine's Day is coming. Say his favorite dinner and special secret treat are in the works, and all you want is a little peace of mind. Pick the day that he needs to do the change, BEFORE February 14.
I think I would refrain from any more comments to inlaws. Keep it between the 2 of you.

[JudyKayTee]

Australia does not recognize common law marriages (from what I can find). For that reason you are not entitled to inherit.

Your CHILDREN are direct beneficiaries. If the Will leaves his estate to someone other than your children your children are entitled to a percentage BY LAW. I would sit him down and tell him frankly and honestly that you are concerned. Tell him EXACTLY what you've told us.

The exception is if the children are specifically disinherited and that, of course, is not the case here.

I would sit your partner down and tell him specifically and clearly what you have told us - what will happen to you and HIS children if something happens to him? I'm sure he's one of those people who are reluctant to even think about death, let alone address it by preparing a Will.

I'm sure he cares about you and your future but he has a moral and legal obligation to ensure the future of his children.

I wouldn't play games - this is far too serious. You need to sit him down and tell him your concerns.

[Fr_Chuck]

Are you sure he is just too lazy or does he not want to have to tell you that he wants to be sure his other kids get everything?

But if he is lazy, a few nights of sleeping on the couch may cure that. Or sit down and make him set a date to do it

[goldnugget]

Thanks everyone. I got quite upset about it the other night and he assured me that he will get a new will made up this week.

Fr Chuck, he doesn't have any other children. He has never been married before and doesn't have children with anyone else, just 2 with me.

[goldnugget]

Good news. We have an appointment to get a new will done tomorrow.

[joypulv]

It's always nice when people write back, thanks.