Estate planning for blended families: what you need to know

Choosing your executors

One of the first decisions when making a Will is choosing your executors; the people responsible for carrying out your wishes after you die. In a blended family, your executors must be impartial and able to act in the interests of all your beneficiaries, rather than favouring one side of the family over another.

Many choose to appoint one child from each side of the family, but this is not without risk. If there is even a slight divide between the two sides, this arrangement could lead to a deadlock, where the executors cannot agree on how to deal with a particular asset or issue. Your solicitor may suggest appointing a professional executor or an independent third party to avoid potential conflict.

Protecting your assets and providing for your spouse

Those in blended families are often faced with how to provide for their surviving spouse while also ensuring that their own children ultimately inherit their assets.

One way to achieve this is through a life interest trust, allowing your surviving spouse to benefit from your assets (for example, by continuing to live in the family home) during their lifetime, while ensuring that the underlying assets are preserved and eventually pass to your children. There is a risk that your children could be intentionally or unintentionally disinherited if the necessary protections have not been put in place.

Under English law, if you fail to make adequate provision for your spouse in your Will, your estate could face a claim under the Inheritance (Provision for Family and Dependants) Act 1975. This legislation allows spouses and certain other dependants to apply to the court for financial provision from an estate if they believe they have not been properly provided for.

Do not rely on trust alone

You may assume that your spouse will simply “do the right thing” and pass assets on to your children after you have gone. While this may be a well-intentioned expectation, relationships and circumstances change over time. Your spouse may remarry, their priorities may shift, and they are under no legal obligation to honour informal promises about how they will deal with their own estate. Putting your wishes into a legally binding framework is a safer option.

Put your wishes in writing

If your Will includes a trust or makes provision that might seem unequal (for instance, leaving more to one child than another), it is helpful to set out your reasons in writing. A letter of wishes is a document that sits alongside your Will and explains the thinking behind your decisions. While a letter of wishes is not legally binding on your executors or trustees, it provides them with invaluable context on how you intended your estate to be administered and can reduce the scope for disputes among beneficiaries.

Talking to your family

Having an honest conversation with your family about your estate plans during your lifetime can make a significant difference. Explaining why you have chosen to leave your assets in a particular way and, crucially, doing so while you are still alive, gives your family members the opportunity to ask questions, raise concerns, and understand your position. If these conversations are left until after your death, your family will not be able to seek clarification from you, which can lead to disputes.

No arrangement can entirely prevent a challenge to your Will. However, taking proactive steps can significantly reduce the likelihood of any such challenge being successful and is an important part of your estate planning.

Speak to a solicitor

Every blended family is different, and there is no one-size-fits-all solution. A solicitor experienced in private client work can help you to draft a Will that balances the needs of your spouse and your children, incorporates appropriate safeguards, and reflects your wishes as clearly as possible.

If you are part of a blended family and would like advice on making or updating your Will, please do not hesitate to get in touch with our Private Client solicitors on +44(0)3333 231580 or by email. We are here to help you plan for the future with confidence.