‘With nearly a third of all marriages involving at least one partner who has been married before, relying on your existing Will could be risky as more complex family structures bring about increased risks around inheritance.’

Rich Phillips considers the dangers of outdated Wills and how you can prevent them being a problem.

Remarriage brings a fresh start and new hope, but it also creates complex legal situations that many couples fail to address until it’s too late. When you say “I do” for the second time, particularly when children from previous relationships are involved, your existing Will may become a potential minefield for your loved ones.

The statistics tell a compelling story about modern family structures. In England and Wales, there were 781,000 step-families recorded in the 2021 census, with 547,000 containing dependent children. With 32% of marriages now involving at least one partner who has been married before, creating an increasingly common scenario where traditional inheritance planning simply doesn’t work.

The hidden dangers of outdated wills

When you remarry, your previous Will automatically becomes invalid, unless the Will was made in contemplation of marriage. The most dangerous assumption people make is that their new spouse Will “do the right thing” and ensure children from previous relationships receive their intended inheritance.

Consider this common scenario: John remarries after his divorce and updates his Will to leave everything to his new wife Sarah, assuming she’ll provide for his children from his first marriage. When John dies, Sarah inherits the family home and investments. Years later, when Sarah dies, her Will leaves everything to her own children, cutting John’s children out entirely. This isn’t necessarily malicious, it’s simply what happens when inheritance planning fails to account for blended family dynamics.

High divorce rates and the increasing number of people entering into second relationships is leading to more and more disputes over Wills and family inheritance, with conflicts due to second marriages now becoming a significant reason that families are taking legal action following death.

Legal complications you might not expect

Remarriage creates several specific legal risks that many people overlook. Under intestacy rules, if you die without a valid Will and have children, the surviving spouse inherits the entire estate if it’s worth £322,000 or less, and receives a portion of any amount exceeding £322,000. This means your children from previous relationships could be left with nothing, regardless of your intentions.

Even more problematic is the issue of jointly owned property. When couples own their home as joint tenants, the property automatically passes to the surviving spouse upon death, bypassing any Will provisions entirely. Your children from previous relationships have no claim to this asset, even if it was partially built on wealth accumulated before your second marriage.

The situation becomes more complex when considering inheritance tax planning. Remarriage may affect your previous tax planning strategies, particularly if you’d established trusts or made gifts to reduce your estate’s tax liability. Without proper review and updating, your estate could face unexpected tax bills that reduce what’s available for your beneficiaries.

Real-world consequences

These disputes can destroy family relationships that have already weathered the challenges of divorce and remarriage. Adult step-children who thought they had good relationships with their step-parent can find themselves in bitter legal battles, while surviving spouses feel attacked and defensive about decisions they believed were reasonable.

Why this problem is growing

Several factors contribute to the increasing prevalence of these disputes. People are living longer, meaning second marriages have more time to accumulate wealth that may not reach the original family line. With 42% of marriages in the UK ending in divorce, remarriage has become increasingly common, but awareness of the legal implications hasn’t kept pace.

There’s also a generational shift in attitudes toward inheritance. Older generations often assumed family loyalty would ensure fair distribution of assets, while younger generations are more likely to pursue legal remedies when they feel wronged. Social media and increased legal awareness mean people are more conscious of their rights and more willing to fight for them.

The emotional complexity of blended families adds another layer of difficulty. Relationships between step-parents and step-children can be positive for years, only to deteriorate rapidly after a death when grief, stress, and financial concerns collide.

Protecting your family’s future

The solution isn’t complex, but it requires deliberate action and professional guidance. A properly structured Will for a blended family might include provisions that protect your new spouse’s security while ensuring your children from previous relationships eventually inherit their intended share.

Life interest trusts can provide your spouse with the right to live in the family home and receive income from investments during their lifetime, while preserving the capital for your children. This approach balances competing needs and reduces the risk of conflict.

Regular review of jointly owned assets is crucial. Consider whether joint tenancy arrangements still serve your family’s interests, or whether tenancy in common might provide better protection for all parties involved.

Clear communication with all family members about your intentions, while sometimes difficult, can prevent misunderstandings and reduce the likelihood of disputes. This doesn’t mean sharing specific financial details, but ensuring everyone understands your general approach to inheritance planning.

Professional advice is key

Inheritance planning for blended families requires careful consideration of multiple competing interests and detailed knowledge of how different legal structures interact. What works for traditional family structures often fails catastrophically in blended family situations.

A private client lawyer can help you structure arrangements that protect all your loved ones while minimising tax liabilities and reducing dispute risks. This might involve combining different types of trusts, updating property ownership structures, and ensuring your Will provisions work effectively with your other financial arrangements.

Your second marriage represents a new chapter in your life, but it shouldn’t come at the expense of your children from previous relationships or create unnecessary burdens for your new spouse. With proper planning, you can protect everyone you care about and ensure your legacy brings families together rather than risking them falling apart.

To discuss the issues raised in this blog or to make an appointment, please get in touch with our Private Client team today.