Blended families are formed when two people live together with children from previous relationships. They are increasingly common in the UK, and can work extremely well. However it is worth considering the estate planning implications.
It is possible to accidentally leave family members without any inheritance due to a lack of planning or appropriate legal advice.
If a will was written with a previous partner clearly this will need to be revisited. Some wills can be voided on re-marriage.
Where no will is written at all, intestacy laws kick in. This means the estate will typically be inherited by the surviving spouse, and the children left with nothing at all. There is often concern that the spouse may not then pass that inheritance on to the deceased’s children from his or her previous relationship, and instead leave the whole estate to their own children. This can happen intentionally or accidentally if the correct legal advice is not obtained.
Intestacy law was not written with blended families in mind. As a result it is too easy for the wrong thing to happen, and this can occur purely by accident.
In all cases, we strongly recommend that parents of blended families seek professional advice and engage in open dialogue to ensure that nobody is surprised by what happens to an estate on death. This can involve difficult conversations, but it is better to deal with this now than in a more vulnerable moment after a bereavement.