When is creating a substitution appropriate? | ScriptaLegal
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Frequently asked questions > Asset protection > Personal documentation > What are the situations in which creating a substitution would be appropriate?

What are the situations in which creating a substitution would be appropriate?

As a general rule, a will with substitution is used by the testator in the following situations:

  • He or she wishes to ensure an adequate standard of living for his or her surviving spouse until the time of his or her death, and to stipulate that the residue of his or her estate will then pass to his or her children or grandchildren, without the requirement that a neutral administrator act jointly with the surviving spouse;
  • The second marriage and wishes to distribute his or her estate in a specific estate in a specific manner, taking into account his new spouse and the children children from the first marriage.

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