Blended families: protecting children and partners in your Will

Last verified: 14 January 2026 (England & Wales)

If your family includes stepchildren, half-siblings, a new partner, or a second marriage, “we’ll keep it fair” is not a plan. Inheritance rules are rigid, and people’s expectations are often wrong.

A good Will for a blended family does two jobs at the same time:

1. it looks after the person you live with, and
2. it keeps your children’s inheritance on track.

In many Wills, a gift to “my children” does not automatically include stepchildren unless they are adopted or clearly included by name. If you want stepchildren to benefit, make it explicit.

Quick-read summary

• Blended families often need clearer drafting because there are more competing expectations.
• The family home is usually the pressure point, and ownership type can override intention.
• Stepchildren are not automatically included unless the wording (or adoption) makes that clear.
• Many people want “security now, inheritance later”, which is where Will trusts can help.
• Vague labels (“my family”, “my kids”) create risk. Names and definitions reduce dispute risk.
• Update linked paperwork too (pensions, life cover, nominations), not just the Will.

What makes blended-family planning different?

In a first marriage with shared children, many couples can use a Standard Will and still achieve what they want.

In blended families, there are more moving parts:

• children from different relationships
• unequal contributions to the home
• adult children who expect an inheritance
• a surviving partner who needs security
• past relationships, financial commitments, and family tensions

None of that is “bad”. It just means the Will needs to be clearer and more deliberate.

The home is usually the pressure point

Most blended-family disputes centre on the house.

There are two common ownership positions:

Beneficial joint tenants

If you die first, your share usually passes automatically to the other owner, regardless of what the Will says.

Tenants in common (e.g.50–50)

Each of you owns a defined share. Your share can pass under your Will, which is often essential where you want a partner protected but the eventual inheritance to go to your children.

If you and your partner own a home together, the Will and the ownership type must match. If they contradict, the house often follows the ownership, not the intention.

The key planning question: security now, inheritance later

Most clients are trying to balance two reasonable aims:

• “My partner must be safe and stable if I die first.”
• “My children must not be accidentally cut out.”

This is where many blended-family Wills use a trust structure inside the Will. It is not about being “fancy”. It is about preventing the common outcome where the survivor inherits everything, then later leaves it to their side of the family (often unintentionally).Call-out: This is often described as “sideways disinheritance”. A Will trust can provide some protection against sideways disinheritance and future insolvency, while still giving the survivor a secure base.

Be specific: names beat labels every time

Blended families need clarity. That typically means:

• naming children and stepchildren explicitly where relevant
• avoiding vague labels like “my family”, “my kids”, or “we’ll leave it to the survivor to be fair”
• checking that guardianship, executors, and beneficiaries still reflect the real family structure today

If you are relying on a later conversation, a promise, or a “they know what I meant”, that is a warning sign.

Keep the rest of your paperwork consistent

Wills do not sit in isolation. When families change, people often update some things but not others.

Common examples:

• pension and death-in-service nominations
• life insurance beneficiaries
• joint bank accounts and savings arrangements
• property ownership records
• existing separation or divorce arrangements

A Will can be well drafted, but still undermined by an old pension nomination or an ownership structure that sends the home somewhere else.

Where disputes come from

Many disputes are not driven by greed. They are driven by fear, grief, surprise, and mixed expectations.

Two realities to keep in mind:

• A disappointed relative may still be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, depending on the relationship and dependency.
• Even when a claim fails, conflict can be expensive and emotionally draining.

If you are excluding someone, do it deliberately and defensibly. 

Related reading: Deliberate exclusions from your Will

Cases

A second marriage and “the survivor gets everything”

Paul and Denise each had two children from previous relationships. They left everything to the survivor, assuming the survivor would “do the right thing” later. Paul died first. Denise later rewrote her Will under pressure from her own children. Paul’s children received nothing. A trust-based structure would have avoided the all-or-nothing outcome and reduced conflict risk.

Stepchildren, but no legal adoption

Sofia helped raise her partner’s son from age five and saw him as her child. Her Will said “to my children”, assuming it would include him. It did not. The wording was corrected to name him directly, avoiding the risk of disappointment and dispute later. Related reading: Adopted children and inheritance rights

Remarriage quietly broke the plan

Ian had a Will from his first marriage. He remarried and assumed the Will still stood. It did not. He died without a valid Will, and the estate followed rules he never intended. A new Will would have protected his spouse while keeping the eventual inheritance fair between both sides. 

Related reading: Does marriage affect my Will?

The house could not do what the Will asked

Maya’s Will left “my share of the house” to her children, with her partner able to stay for a period. But the property was held as beneficial joint tenants, so her share passed automatically to her partner on death. The fix was simple: change ownership to tenants in common (50–50) and align the Will wording.

Unmarried partners and assumptions

Chris and Alex lived together for 12 years with children from earlier relationships. Chris assumed Alex would inherit automatically if he died. That is not how intestacy works. They put clear Wills in place so the survivor was protected without ignoring the children. 

Related reading: Common law marriage myth

FAQs

Do stepchildren automatically inherit?

Not automatically. If you want stepchildren to benefit, name them clearly in your Will. Adoption changes legal status; stepchildren who are not adopted do not inherit by default.

Can I protect my partner but still ringfence inheritance for my children?

Often, yes. This is one of the main reasons blended-family Wills use trust provisions within the Will.

What if I just leave everything to my partner and trust them to be fair later?

Sometimes that works. Often it creates avoidable risk, especially if the survivor remarries, changes their Will, faces financial pressure, or is influenced by others.

What if someone is unhappy with the Will?

In some circumstances they may try to claim under the 1975 Act. Clear drafting and sensible planning reduce risk, but no Will can guarantee a dispute-free outcome.

Next steps

If you have a blended family, your Will deserves a deliberate check. A short conversation now can prevent years of confusion later.

To discuss options calmly and clearly, use: Contact us

You may also find this helpful: Services and fees

This article is general information only, not individual advice.