The number of blended families in the UK has increased significantly in recent years, with official figures suggesting that around one in three families now includes children from a previous relationship.
According to the most recent data from the Office for National Statistics (ONS), there were 781,000 stepfamilies in the UK in 2021, 70% of which (547,000) contained dependent children.
Estate planning for blended families can be more challenging and putting in place the right legal protection for all your children, whether biological children, adopted children or stepchildren, is vital.
Why a Will is Essential for a Blended Family
A Will is a legal document that everyone should have, but it is especially important where there is a blended family.
When someone dies without a Will, their estate is divided according to the laws of intestacy. These are rules laid down by the government which set out who are the legal next of kin according to a very strict hierarchy.
Whilst adopted children are treated as biological children under the laws of intestacy, stepchildren do not automatically inherit.
The intestacy rules state that if you are married or in a civil partnership and die without a Will, your spouse/civil partner receives the first £322,000 (as of 2025) plus half the remainder, with the other half being shared between your children. This could result in your disinheriting your stepchildren which it was not your intention to do.
Will Writing for Blended Families
When making a Will for a blended family, it can help to consider the following points:
1. Seek specialist legal advice.
Blended families often include children from previous relationships whom you accept into your family, yet they are not recognised under the laws of intestacy, leading to a potential claim under the Inheritance (Provision for Family and Dependants) Act 1975 from a person whom it was never your intention to exclude.
Without specialist legal advice from an experienced Wills solicitor, it can also be very easy accidentally to disinherit your own children in favour of a new spouse or to cause an unequal or unfair distribution of your assets which can also potentially lead to a future dispute.
A qualified Will writing solicitor can help you navigate the various dynamics, ensuring that your Will is correctly drafted, reflects your wishes and treats the various parties responsibly, considerately and fairly.
At Beverley Morris & Co. Solicitors, our friendly and professional Wills solicitors in Blackheath have extensive experience in drafting Wills for blended families.
Our specialist Will writing team can help you set up the right legal structure to protect everyone’s interests, ensuring that your wishes are properly executed.
To find out more and to speak with one of our specialist Wills and Probate Solicitors, please get in touch by calling 020 8852 4433, emailing privateclient@beverleymorris.co.uk or filling in this contact form.
2. Keep it up to date.
Family dynamics change over time, as do the needs of individual family members. Significant life events such as a marriage, divorce, birth, death, property purchase or change in a person’s financial situation can impact the provisions laid down in your Will.
A Will should therefore be reviewed regularly and updated as necessary to ensure that it continues to reflect your own circumstances and accurately depicts what you wish to happen after your death.
We recommend reviewing your Will every three to five years. Read more here.
3. Be clear and transparent about your intentions.
A Will can be disputed on two main legal grounds:
- Because it is invalid. This could be because of a failure to comply with the formalities for signing a Will or because the testator did not have sufficient mental capacity to make a Will or because the testator was under duress to sign the Will or because the Will is a forgery.
- By someone making a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the Inheritance Act). Claims under the Inheritance Act can be brought by people who were financially maintained by the testator if the Will did not make adequate financial provision for them, even if the Will was valid.
Wills involving blended families are more likely to be contested due to the often complex dynamics and the higher potential for conflicting interests amongst family members.
Being transparent with your family about the contents of your Will and openly communicating your wishes can help combat this, reducing the chances of future disputes.
4. Consider a Life Interest Trust.
A Trust is legal arrangement whereby a person gives assets to another person or entity to manage for the benefit of someone else.
Many blended families include a life interest trust in their Will. This form of trust allows someone to have an interest in an asset for the duration of their lifetime, with the asset then transferring to someone else.
Testators with blended families often leave the family home in a life interest trust for their spouse, allowing them to live in it for their lifetime, but with it ultimately passing to their children.
Wills Solicitors Blackheath
Estate planning for blended families can be complicated. Specialist legal advice from an experienced private client solicitor is vital to ensure your loved ones are protected.
At Beverley Morris & Co. Solicitors, our Blackheath-based team of solicitors has extensive experience in Wills, Trusts and Inheritance issues and will provide you with clear and sensible advice to ensure that the whole of your estate passes to the people whom you wish to inherit it.
We can also provide specialist legal advice on other areas of law that may be relevant when you are organising your estate such as Lasting Power of Attorney, Probate and Estate Management, Family Law and Conveyancing.
To speak with one of our specialist Wills and Probate team, led by Lori Harley and Tina Chan, please get in touch by calling 020 8852 4433, emailing privateclient@beverleymorris.co.uk or filling in this contact form.
For more information about our Wills and Succession Planning legal services, please click here.