A blended family is one where one or both partners have children from a previous relationship. The default 'leave everything to my spouse' will often disinherits children from the first marriage — usually unintentionally — through a problem called sideways disinheritance.
The Sideways Disinheritance Trap
The classic blended-family scenario: you and your second spouse make mirror wills. You die first; everything passes to your spouse — including your share of the house. Years later, your spouse remarries, or simply rewrites their will leaving everything to their children.
Your children inherit nothing.
The legal term is "sideways disinheritance" — and it's one of the most common, painful issues in UK estate planning. The fix isn't expensive; it just needs to be set up correctly.
Stepchildren and the Law
Under intestacy rules, stepchildren you haven't legally adopted inherit nothing from you — even if you've raised them as your own.
If you want to provide for stepchildren, you must name them explicitly in your will or via a trust.
The Three Tools That Solve It
- Tenants in common ownership — split the home into defined shares. See tenants in common vs joint tenants. Without this, you can't gift your share into a trust.
- Property Trust (Life Interest Trust) — your spouse can live in the home for life (or until they remarry / move out, depending on terms). On their death, your share passes to your chosen beneficiaries — usually your children. See property trusts.
- Specific gifts and pecuniary legacies — fixed sums or items left directly to children, paid before the residue passes to your spouse.
Pair these with a life insurance policy in trust to your children — providing immediate liquidity outside the estate.
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Have the Honest Conversation
The single biggest predictor of a smooth blended-family inheritance is open communication while everyone's alive:
- Tell your children what's in the will and why
- Tell your current spouse what's in the will and why
- Document any specific gifts (jewellery, family items) clearly
- Review every 3–5 years and after any life event
Surprises after death are the fuel for contested wills.
Next Steps
Blended-family planning is the area where DIY wills cause the most damage. The structures involved (trusts, ownership, nominations) need a regulated specialist to draft properly.
Through our partnership with Castle Family Legal, we can introduce you to a regulated specialist who handles blended-family work daily. We'll handle the protection side ourselves. Get in touch.
Frequently Asked Questions
- Can my spouse contest a Property Trust?
- They can challenge it, but if drafted properly with proper advice taken at the time, Property Trusts are robust and routinely upheld.
- Will my spouse have to sell the house?
- No — a Life Interest Trust gives them the right to live there for life. They just don't own the underlying share outright.
- Do I need to legally adopt stepchildren to leave them something?
- No — naming them in your will is sufficient. Adoption gives them automatic inheritance rights but isn't required for gifts you specify.
- Does a Property Trust affect Inheritance Tax?
- It depends on the structure — see our <a href='/blog/inheritance-tax-homeowners-uk' style='color: hsl(var(--primary)); text-decoration: underline;'>IHT for homeowners</a> guide and take specialist advice.
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