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IT is not uncommon for couples to make mutual wills agreements with the best of intentions — but life rarely follows our carefully laid plans, Mildwaters Byrth Lawyers & Conveyancers warn.

Picture two partners in their 40s creating a mutual wills agreement before one passes away unexpectedly, lawyer and principal Kylie Mildwaters says.

“The surviving partner, bound by that promise never to change their will, remarries and enjoys 25 wonderful years with their new spouse,” she says.

“When they eventually pass away, their devoted partner of 25 years finds themselves without a home because the original will couldn’t be changed to provide even basic security.”

Mrs Mildwaters says these situations are not rare exceptions, but the reality of what happens when rigid legal structures cannot adapt to life’s changes.

“The good news is that there are more flexible approaches that can protect your children, without trapping your surviving partner in an unchangeable arrangement,” she says.

“Rather than leaving everything to your partner and hoping they’ll honour your wishes, you can strategically divide different types of assets,” she says.

“Your superannuation doesn’t automatically follow your will, so you can use binding death benefit nominations to direct your super straight to your children, while leaving other assets like your home to provide security for your partner.”

Mrs Mildwaters says, instead of focusing on legal mechanisms to force future compliance, having honest, ongoing discussions with your partner about intentions and concerns can provide more security than legal contracts, because they’re based on understanding rather than obligation.

“We’re here to help you explore options that actually work for your unique circumstances, because protecting your family shouldn’t mean creating new problems for them down the track,” she says.

For strategies that provide real protection without unwanted consequences, contact the Mildwaters Byrth Lawyers & Conveyancers Kadina office on 8821 2199 or Minlaton office on 0448 725 447, or visit mildwatersbyrth.com.au.