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  • Writer's pictureGemma Day

Blended Families - Can I ensure my children from my first marriage inherit upon my death?

Updated: Sep 9, 2019

A typical situation;

A couple have two children together. They have Wills written stating that upon both of their deaths everything is to be split equally between the children.

Unfortunately it doesn't work out and they separate.

One of them remarries but does not rewrite their Will. If they were to die their new husband/wife stands to inherit most, if not all, of the Estate potentially leaving the children with nothing (Subject to the rules of intestacy the surviving spouse automatically inherits the first £250,000 and half of the remaining Estate).

This situation can cause upset and resentment leaving a rift between the children and the surviving spouse.

Potential solutions;

Perhaps the newly married couple could write Wills stating that everything would be left to each other upon first death, then the children/step-children upon the second death.

This could be a valid solution, however, what if the children and their step-parent have a falling out and they changed their Will? What if they got married again therefore revoking the existing Will?

Once again, there is the possiblity that the children could be left with nothing.

Everything could be left directly to the children in a new Will not the new spouse. This would ensure the children inherited everything.

But what if the surviving spouse was not financially independent, could they afford to pay for their bills alone? Would they have somewhere to live?

Recommended solution;

The best option available to avoid these situations is to write a Trust into your Will.

There are a variety of Trusts that can able your surviving spouse to use monies or Property within your Estate during their lifetime, but ensuring that upon their death your children inherit everything.

Contact us today to see how putting a Trust in your Will could help you.


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