Blended families are now common, and they bring their own questions when it comes to making a Will. If you have children from a previous relationship, stepchildren, or a new spouse or partner, a Will for blended families needs careful thought. This guide explains the main issues under the law of England and Wales and the options people often consider.
Why a Will for blended families matters
The intestacy rules, which apply if you die without a valid Will, were not designed with blended families in mind. Stepchildren do not inherit under them unless they have been legally adopted. An unmarried partner inherits nothing, however long you have lived together.
Where there is a spouse or civil partner and children, the spouse receives the personal belongings, the first £322,000 and half of the rest. Your children share the other half. So in a smaller estate, your spouse may receive almost everything, and it is then up to them whether your children ever benefit. A Will lets you decide this for yourself.
Also remember that marriage or civil partnership normally revokes an existing Will. If you remarry, you will usually need a new Will.
Identifying who should benefit
First, list everyone you want to provide for. This might include your own children, stepchildren, your current spouse or partner, and in some cases a former partner where there are ongoing obligations.
When naming beneficiaries, use full names and state the relationship clearly. In blended families, relationships are not always obvious to others. For example, “my children” may not include stepchildren unless your Will says so.
Providing for a spouse and your children
A common worry is how to look after a current spouse or partner while also protecting your children’s inheritance. There are several approaches.
Leaving everything to your spouse
This is simple, but it relies on trust. Once your spouse inherits, they can change their own Will at any time. As a result, your children could receive nothing, particularly if your spouse remarries.
A Life Interest Trust
A Life Interest Trust lets your spouse or partner live in your home, or receive the income from your assets, for the rest of their life. When they die, the assets pass to the people you have chosen, such as your children. This can balance the needs of both sides of the family.
A discretionary trust
A discretionary trust gives your trustees flexibility to decide who benefits, when and how much, from a group you choose. This can help where family members’ needs may change over time. You can guide your trustees with a Letter of Wishes.
Gifts to children at a later age
If you leave money directly to a child, they become entitled to it at 18. This is often called a bare trust, and it cannot hold the money back beyond 18. If you would prefer children to inherit at 21 or 25, your Will needs a trust that says so.
Claims under the Inheritance Act 1975
In blended families, the risk of a claim against your estate is often higher. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can ask the court for reasonable financial provision if your Will does not provide it. These include a spouse or civil partner, a former spouse who has not remarried, a cohabiting partner of at least two years, your children, and anyone you treated as a child of the family, such as a stepchild.
A carefully planned Will for blended families, sometimes with a short explanation of your reasons, can reduce the risk of a successful claim. However, nothing can rule out a claim completely. If a dispute does arise, we can refer you to an appropriate professional.
Property ownership
Check how you own your home. If you own it with your partner as joint tenants, your share passes to them automatically and cannot pass under your Will. Owning as tenants in common in equal shares means your share passes under your Will instead, which is often needed for a Life Interest Trust. We can help sever a joint tenancy into equal shares.
Guardians for children
If you have children under 18, you can appoint guardians in your Will. In blended families, think about how a guardian would support relationships with both sides of the family. Also, a surviving parent with parental responsibility will usually continue to care for the child.
Digital assets
Do not put passwords or account details in your Will. A Will becomes a public document after the grant of probate. Instead, keep a separate, secure record and tell your executors how to find it.
Talking to your family
Open conversations can prevent surprises later, whatever your Will for blended families says. While it may feel uncomfortable, explaining your reasons can help keep the peace and may make a claim less likely.
Talk to A.D.E. Wills
If you are thinking about a Will for blended families, Edward can talk through your situation and the options that may suit you. Our Wills and trusts are prepared for a fixed fee, shown on our Wills Pricing page. Call 01865 507174 or email info@adewills.co.uk, or read more about estate planning.
