I am working with a client—we’ll call her Margaret—who raised a concern I hear more and more often. Margaret called me because she has just inherited some money, and her thoughts have turned to her legacy. Margaret is in her early fifties. She’s a divorcee, has two grown children, and though it's early yet, the future holds the possibility of marriage to her partner, David, who also has two adult children of his own. They are both financially comfortable, although Margaret, due to the inheritance, will be slightly better off. They’re in love and want to be optimistic about the future without being naïve. But here’s what’s concerning her:
“I’ve worked hard to build my life—my home, my savings. I want to marry David, but I don’t want my children to lose what I’ve built if I go first. I’m not sure splitting everything four ways sits right with me.”
What would happen if they married and left things as they are?
She’s not alone in this. Blended families are now common, and while the emotional side of joining two families can be beautiful, the legal side can be full of pitfalls, especially when it comes to Wills and inheritance.
Without a Will, the law steps in. And that’s rarely kind to blended families. If Margaret died first, David would automatically inherit her personal possessions, the first £322,000 of her estate, and half of whatever’s left. The remaining half would be split between Margaret’s children. David's Children would receive nothing from her estate.
If David remarried
Even Margaret’s children’s share could be at risk. If David did nothing, then died, the first £322,000 and half of the rest would go to his new wife, and the circle would repeat. If David rewrote his Will or left everything to a new partner. Now, let’s say they did what most couples do: make “mirror Wills”. That’s where both Wills say essentially the same thing—everything to each other first, and then to the children (all four of them) equally after the second death. Sounds fair, right?
But here’s the catch: mirror Wills aren’t legally binding on the survivor. After Margaret dies, David is free to change his Will (or be coerced into doing so). That might mean leaving everything to just his children, or—worse—a new partner altogether. It's not that David would set out to do anything harmful, but life circumstances can shift, especially during vulnerable periods like bereavement. This is where I suggested a more robust and protective option: a Life Interest Trust Will. In Margaret’s case, we structured things so that if she passes first, her half of the house and her savings go into a life interest trust. David can continue to live in the home for the rest of his life (or until he chooses to move), and he’ll benefit from any income her savings generate. But crucially, the capital—the actual assets—are ringfenced for her children. It means that David is protected during his lifetime, and Margaret’s children are protected after him. No one can rewrite that part of the Will. It’s a clean and practical solution for many modern couples. By the end of our meeting, Margaret felt much more at ease. She realised that marrying David doesn’t mean her children lose out. With the right legal tools, she can enjoy her future and protect her past.
If you’re in a similar position and want peace of mind that your family’s future is secure, get in touch for a relaxed, no-obligation chat. It’s never too early to get your Will right—but it can be too late.
Fern Wills & LPAs – Plain English. Proper Planning. Peace of Mind.
