Estate Planning for Blended Families

Protect your partner. Provide for your children. Keep the peace.

What is a “blended family”?

Blended families include couples who have children from previous relationships. As joyful and fulfilling as they can be, they also come with unique estate planning challenges — especially when it comes to ensuring everyone is treated fairly.

Did you know?
Without a valid Will, your stepchildren and unmarried partner may receive nothing under intestacy law.

If you’re in a blended family, a simple “everything to my partner” Will not be enough.

Common pitfalls we help clients avoid

“We meant to update our Wills, but never got around to it...”

Marriage revokes any previous Will — so unless you make a new one, your estate will pass under intestacy laws, possibly excluding your children.

❌ “I trust my partner to pass things on to my kids...”

Many people leave everything to their new spouse, hoping they’ll later share with their children. However, life changes — such as remarriage, falling out, or new relationships — can mean your children are disinherited.

❌ “We live together, so my partner is protected...”

Unfortunately, unmarried partners and stepchildren are not automatically entitled to anything — no matter how long you've been together or how close you are.

How we help blended families plan with confidence

Use a trust to protect your intentions

We often recommend a Life Interest Trust Will, which lets your partner:

• Stay in the family home
• Receive income from the estate
  … while making sure your own children inherit what you intended after your partner passes away or remarries.

Alternatively, a Discretionary Trust gives your trustees the flexibility to provide funds based on need. Ideal if:

• You want to help a child with additional needs
• Some children are more financially secure than others
• You want to treat stepchildren fairly

💬 “We’d each been married before and had grown-up kids. Fern Wills helped us create Wills that gave us both peace of mind — knowing no one would be left out.”

Be specific and clear in your Will

Vague wording causes disputes. Instead:

• List all children and stepchildren by name
• Be clear if one child will receive more, and why
• Add a Letter of Wishes to explain decisions privately

Check how your property is owned.

Do you own your home as joint tenants with rights of survivorship? If so, your share automatically goes to your partner — even if your Will says otherwise. Switching to tenants in common means you each own a defined share. You can then:

• Leave your share to your children or into a trust
• Protect your partner’s right to stay in the home
• Ensure your side of the family receives an inheritance

Reduce the risk of legal challenges.

Even a carefully written Will can be challenged under the Inheritance Act 1975 if someone feels they’ve been unfairly excluded — including:

• Former spouses
• Stepchildren you treated as your own
• Long-term partners

We help you:

• Include or exclude people correctly
• Write strong Letters of Wishes
• Identify risks (e.g. previous divorce orders)

“We almost left my daughter out because she’d fallen out with the family — but Fern Wills helped us make that decision properly so that it couldn’t be easily challenged.”

Also, update your:

✔️ Lasting Powers of Attorney

✔️ Pension nominations

✔️ Life insurance beneficiaries

We help you review all related documents — not just your Will — to ensure nothing is accidentally overlooked.

FAQs

Q: Do I need a special Will if I’ve remarried and have kids from my first marriage?

A: Yes. A standard Will might unintentionally disinherit your children. We’ll help you find a solution that protects everyone.

Q: My partner and I aren’t married. Can we still provide for each other?

A: Yes — but you’ll need a valid Will. Intestacy laws don’t recognise unmarried partners.

Q: Can I treat my children and stepchildren differently in my Will?

A: Yes — and it’s common. The key is to be transparent and fair. We can guide you on wording and help you explain your choices effectively.

Q: Can I choose to leave a child out of my Will?

A: Yes, though be careful, this area of law can be complex. See separate article on deliberate exclusions.

Final thoughts

Estate planning in blended families isn’t about choosing sides — it’s about making sure no one gets left out, unless you deliberately do so, and everyone understands your wishes. You’ve worked hard for what you have. Let’s ensure it reaches the right people at the right time, with minimal stress for those you love.

Let’s get your plan in place

🗓️ Book a free consultation with Fern Wills & LPAs🔒 Safe. Confidential. No obligation.

Know someone in a blended family?

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