Wills & Estate Planning for Blended Families

A life interest trust (also called a life interest will trust or protective property trust) allows your current spouse or partner to live in your home and receive income from your estate during their lifetime, while ensuring the capital passes to your children on their death. This protects your spouse's security while guaranteeing that your children from a previous relationship ultimately inherit your share of the estate — regardless of what your spouse does with their own estate after your death.

If you leave everything to your current spouse, they become the outright owner of your estate. They can then do whatever they like with it — including leaving it all to their own children, a new partner, or a charity. Your children from a previous relationship would have no legal entitlement. Even if your spouse intends to provide for your children, there is no legal obligation for them to do so. A life interest trust or specific legacies to your children are the only reliable ways to protect them.

Yes — there are several ways to protect children from a first marriage in your will. These include: making specific gifts or legacies to them; using a life interest trust to ensure your share of the estate ultimately passes to them; severing the joint tenancy on your home so your share passes under your will rather than automatically to your spouse; and making a mirror will with your current spouse that includes mutual obligations. We advise on the most appropriate approach for your circumstances.

If you own your home as joint tenants, it passes automatically to the surviving owner on your death — regardless of what your will says. This means your children from a previous relationship have no claim to your share of the property. If you own as tenants in common, each owner has a distinct share that passes under their will. For blended families, severing the joint tenancy and holding as tenants in common is often an essential first step in protecting children from a previous relationship.

No — step-children have no automatic inheritance rights under English law. They are not included in the intestacy rules (which apply if you die without a will) and have no entitlement under your will unless you specifically include them. If you want to provide for step-children, you must do so explicitly in your will. They may, however, be able to bring a claim under the Inheritance Act 1975 if they were financially dependent on you.

Mirror wills are wills made by two people (usually a couple) that mirror each other — typically leaving everything to each other and then to the same beneficiaries. They are simple and cost-effective, but they are not binding — either party can change their will at any time without the other's knowledge or consent. For blended families, mirror wills alone are often insufficient to protect children from a previous relationship. A life interest trust or mutual wills arrangement may provide greater security.

A surviving spouse can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they feel the will does not make reasonable financial provision for them. However, a well-drafted will that balances the interests of your spouse and your children — for example, using a life interest trust — significantly reduces the risk of a successful claim. We advise on how to structure your will to minimise the risk of a challenge.