Wills & Estate Planning Guide
Wills for Blended Families
Protecting children from previous relationships — and ensuring your estate reaches the people you intend.
Blended families require careful will planning. Without the right structure, your assets could pass entirely to your surviving spouse and then to their children — leaving your own children with nothing.
The Risks for Blended Families
Blended families — where one or both partners have children from previous relationships — face unique estate planning challenges. Standard will structures that work well for straightforward families can produce unintended and unfair results in a blended family context.
The "all to spouse, then to children" problem
The most common will structure — leaving everything to your spouse, then equally to your children — can disinherit your children from a previous relationship. If your spouse remarries after your death, your assets could ultimately pass to their new partner's family, not your children.
Stepchildren receive nothing under intestacy
If you die without a will, stepchildren receive nothing under the intestacy rules — regardless of how long you have raised them. Only biological and legally adopted children inherit under intestacy.
Mirror wills can be changed
Mirror wills — where each partner leaves everything to the other — can be changed by the surviving partner after the first death. Without a trust structure, there is nothing to prevent your surviving spouse from changing their will to exclude your children entirely.
Inheritance Act claims
Children who feel they have been inadequately provided for can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. A well-structured will can reduce the risk of such claims — but cannot eliminate them entirely.
Solutions: How to Protect Everyone
There is no single right answer for blended families — the right structure depends on your assets, your family circumstances, and your priorities. Here are the main options our solicitors use.
Life interest trust (property trust)
Your share of the family home passes into a trust on your death. Your surviving spouse has the right to live there for the rest of their life, but cannot sell it or leave it to someone else. On their death, your share passes to your chosen beneficiaries — typically your children.
Discretionary trust
Assets pass into a discretionary trust, with trustees having the power to distribute income and capital among a class of beneficiaries. This provides flexibility while ensuring your children are not excluded.
Specific gifts to children
Leaving specific assets — cash sums, investments, personal possessions — directly to your children in your will, rather than relying on your surviving spouse to provide for them.
Mutual wills
A mutual wills agreement is a contract between two people that their wills will not be changed after the first death. This is a complex area of law and requires careful drafting — but can provide protection in the right circumstances.
Speak to a specialist
Blended family wills require specialist advice. Our Chester-based wills solicitors — including Darren Steele (STEP member) and Laura Kirton (10 years qualified) — have extensive experience drafting wills for complex family situations.
Frequently Asked Questions
Can I leave my estate to my children from a previous relationship?
Yes. You can leave your estate — or any part of it — to whoever you choose. However, if you are married, your spouse may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel inadequately provided for. A well-structured will can balance the needs of your spouse and your children.
What is a life interest trust in a will?
A life interest trust (sometimes called a property trust or interest in possession trust) gives your surviving spouse the right to benefit from an asset — typically the family home — for the rest of their life, without owning it outright. On their death, the asset passes to your chosen beneficiaries, such as your children.
Do stepchildren have any rights under a will?
Stepchildren have no automatic rights under a will or under the intestacy rules — unless they have been legally adopted. However, if a stepchild was treated as a child of the family and was financially dependent on you, they may be able to bring a claim under the Inheritance Act 1975.
Can my surviving spouse change their will after I die?
Yes — unless you have a mutual wills agreement. Mirror wills (where each partner leaves everything to the other) can be changed by the surviving partner at any time after the first death. If you want to ensure your children are provided for regardless of what your surviving spouse does, a trust structure is usually the right approach.
How much does a will for a blended family cost?
The cost depends on the complexity of the trust structure required. We confirm costs in writing before any work begins. Contact us on 01244 757352 for a no-obligation discussion.
What is a mutual will and is it enforceable?
A mutual will is a will made by two people under a binding agreement that neither will change their will after the first death. Unlike mirror wills, mutual wills create a legally enforceable obligation. However, they are inflexible and can cause problems if circumstances change. We advise on whether a mutual will or a trust structure is more appropriate for your situation.
Can I protect my children's inheritance if my spouse remarries after my death?
Yes — a life interest trust is the most effective way to do this. Your share of the estate (or the family home) passes into a trust on your death. Your surviving spouse has the right to live in the property or receive income from it, but cannot sell it or leave it to a new partner. On their death, your share passes to your children. Without a trust, your surviving spouse is free to remarry and leave your assets to their new partner.
Are children from a previous relationship treated differently under the intestacy rules?
Under the intestacy rules, biological and legally adopted children inherit equally — regardless of which relationship they came from. However, stepchildren receive nothing under intestacy unless they have been legally adopted. If you die without a will and have children from a previous relationship, the intestacy rules may not distribute your estate as you would wish.
What happens to my children's inheritance if my surviving spouse needs care?
If your surviving spouse needs residential care, their assets — including any inheritance from you — may be assessed to fund care costs. A life interest trust can protect your share of the family home from being used to pay your surviving spouse's care fees, ensuring it ultimately passes to your children. We advise on care fee planning as part of our estate planning service.
Can I leave different amounts to children from different relationships?
Yes — you can leave different amounts to different children in your will. However, if a child (including an adult child) feels they have been inadequately provided for, they may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975. We advise on how to structure your will to minimise the risk of such claims while achieving your intentions.
Related Wills & Estate Planning Services
Blended Families — Estate Planning
Comprehensive estate planning for blended families.
Trusts
Life interest trusts, discretionary trusts and more.
Wills Solicitors Chester
Chester-based will writing and estate planning.
Dying Without a Will
The intestacy rules and stepchildren.
Contesting a Will
Inheritance Act claims and will disputes.
Wills, Trusts & Estates
All WTE services at PDA Law.