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Ask Shade About Trusts: How Do I Plan For My Unborn Children?

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Ask Shade

Hello Shade,

I read your previous article in response to a lady’s question regarding her intended husband’s will. I found it admirable that her intended husband had gotten a will so early in his life. I trust God for protection and long life, but I have started considering getting a will too. Especially because of the occupational hazard I am exposed to, working on the high seas. Although we have been married for almost 10 years, my wife and I have no biological children, but we have two adopted children who will definitely be catered to in my will. However, I am certain that we are going to have children of our own very soon. Do I have to wait till my children arrive before including them in my will? Is it possible or commonplace to make provision for unborn children and grandchildren?

Sylvester, from Port Harcourt

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Hello Sylvester,
Thank you for reading my previous post. I am glad that our opinions concerning that matter are aligned. I must also commend your admirable decision to adopt children while waiting for your biological offspring.

Considering having a will is a good step to take, particularly as you are constantly exposed to occupational hazards. You are absolutely right, getting a will does not negate our trust in God’s protection, it only helps us prepare for that which is inevitable. The thought of passing away and its eventual consequences to loved ones who are left behind is enough to necessitate getting a will. As a matter of fact, everyone should consider getting a will as no one knows just how much time they have.

Children are usually the worst hit when one or both or their parents pass on, hence providing for them is indeed a necessity. Although the Child’s Right Act has already highlighted the rights of children irrespective of whether they are unborn or adopted, you can also make provision for your unborn children as a separate class of beneficiaries in your will. It is not unusual to provide for such beneficiaries using
suitable and flexible estate planning tools.

I am glad that you are considering getting a will as soon as possible. I would encourage you to act without delay.

Thanks to everyone who has reached out to me with their concerns. If you would like to have your question featured, please email [email protected]

Yours truly,
Shade

Folashade has a wealth of experience in legal structuring, capital markets, and financing transactions. Her expertise also spans Private Trust, and other succession/estate planning alternatives. Currently, she is Managing Director of ARM Trustees Limited, a subsidiary of the ARM Group charged with asset protection, wealth transfer and generally, succession and estate planning.

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