Blended families - where one or both partners have children from previous relationships - face unique challenges when it comes to wills and inheritance. Getting this wrong can cause family conflict and unintended consequences.
The challenges
In a blended family, you're trying to balance:
- Providing for your current spouse or partner
- Ensuring your own children inherit from you
- Potentially providing for stepchildren you've helped raise
- Being fair to everyone without creating resentment
What can go wrong
Common problems include:
- Sideways disinheritance: You leave everything to your spouse, who later leaves it all to their children - your children get nothing
- Stepchildren overlooked: Stepchildren don't automatically inherit under intestacy rules
- Family conflict: Different ideas about fair distribution
- Home ownership issues: Surviving spouse needs to live in the home, but children want their inheritance
Solutions to consider
Life interest trusts
A life interest trust lets you leave your spouse the right to live in your home and receive income from your estate during their lifetime, with the capital then passing to your children. This provides for your spouse while protecting your children's inheritance.
Tenants in common
If you own your home jointly, consider holding it as tenants in common rather than joint tenants. This means your share can go to whoever you choose in your will, rather than automatically passing to the survivor.
Specific gifts
Leave specific items or amounts to your children directly, with the remainder going to your spouse. This guarantees your children receive something.
Communication is key
The most successful blended family arrangements involve open discussions. Consider:
- Talking to your partner about your respective wishes
- Being transparent with adult children about your plans
- Explaining your reasoning in a letter (kept with your will)
- Appointing guardians for any minor children
Oliver Asha
Solicitor · TEP · Founder of Make a Will
Oliver is a Solicitor (SRA number 372772) and a Trust and Estate Practitioner (TEP). He qualified in 2006 and he is founder at Make a Will, Make a Will Online, Digilegal Trustees and Capacity Vault. It is his mission to bring proper, solicitor-checked wills within reach of every family. He personally drafts and oversees the review of many of the guides on this site.
Verify Oliver’s credentials: Law Society · SRA register · STEP directory
Further Reading
- Making a Will - GOV.UK Official UK Government guidance on making a will
- Wills - Citizens Advice Free advice on wills and inheritance
- Making a Will - The Law Society Legal guidance from the professional body for solicitors