Second marriages, blended families and your estate

27 July 2026

In the UK, 42 per cent of marriages end in divorce, and nearly two-thirds of couples getting married (32 per cent) have been married before.

This higher rate of divorce is leading to an increase in blended families, with around one in three families having children from previous relationships.

It is important to have a Will in place to ensure your whole blended family is provided for in the event of your death.

Why do blended families need special Will planning?

Asset division is easier for unblended families, this is as the typical family structures allow for the rules of intestacy to take place.

However, with blended families, you may want to give assets to stepchildren and your children from a previous marriage.

If there is no Will in place, splitting your estate with all blended family members in mind may be tricky and lead to disputes.

Wills for blended families often need more complex structures than a standard Will, this is because blended family inheritance brings unique challenges, especially where stepchildren are involved.

Common issues with estate planning for blended families

Many parents assume their children will automatically inherit part of their estate, but this is not always the case.

Under the rules of intestacy, some children, particularly in blended families, may be unintentionally excluded.

Common estate planning issues in blended families include:

• Failing to make a Will – If you die without a Will, your estate will be distributed according to intestacy rules. These rules typically prioritise spouses and biological children, often excluding stepchildren unless a specific provision has been made.
• Leaving everything to your spouse – Some people rely on their spouse to later distribute assets fairly among all children. However, this can lead to problems if relationships break down after your death, as the spouse may choose not to pass on any inheritance.
• Changes to mirror Wills after death – Mirror Wills, where each partner leaves everything to the other and then to the children, are common. However, the surviving spouse is free to change their Will after your death. This could result in your children being disinherited in favour of their children or others. Additionally, if the surviving spouse remarries, any existing Will is usually revoked, meaning intestacy rules could apply and potentially exclude your intended beneficiaries.

Ways to ensure everyone’s needs are met

When planning for blended families, it is often wise to have a tailored Will prepared. A carefully drafted Will allows your intentions to reflect the specific needs and relationships within your family.

Another route to consider is adding a Life Interest Trust to your Will. This can help guard against sideways disinheritance while still making sure a spouse or partner is provided for during the lifetime of the trust.

With this arrangement, the life tenant can receive income from the trust and, in some cases, capital, depending on the trustees’ discretion, helping them to continue their usual standard of living.

Once the trust period comes to an end, the assets pass to the beneficiaries you originally intended to benefit.

How we can help

Crafting a Will helps you to structure your estate in the way that works best for your family.

Every family is different, and your Will and wider estate planning should reflect that.

We are here to help you restructure your Will to ensure that it reflects your wishes and they are fulfilled in the event of your death.

Our talented team are here to help you write a Will, which will help benefit your blended family as intended. Get in touch for support and guidance.