With almost a third of marriages now involving at least one partner who has been married before, family life is becoming more complex. Unfortunately, many people don’t realise that their old Will may no longer be valid – or suitable – once they remarry as currently, marriage revokes a Will. This can lead to inheritance disputes, unintended outcomes, and unnecessary distress for loved ones.

At Downie & Gadban Solicitors, our Private Client team sees first-hand the risks that outdated Wills create, particularly in blended families. Here, we explain the pitfalls and how to protect both your spouse and children through careful estate planning.

Why Re-Marrying Changes Everything

A second marriage can bring new beginnings – but it also brings new legal realities. Unless your Will was made “in contemplation of marriage,” it becomes invalid the moment you remarry.

The common assumption is that a new partner will “do the right thing” and share assets fairly with children from a first marriage. Sadly, the law doesn’t work on assumptions. For example:

  • John remarries after divorce and leaves everything to his new wife, Sarah.
  • John assumes Sarah will later pass assets to his children.
  • When Sarah dies, her Will directs everything to her own children – leaving John’s children with nothing.

This scenario isn’t unusual, and it rarely arises from bad intentions – but rather from failing to plan properly for blended family dynamics.

Legal Risks Many People Overlook

Intestacy rules: If you die without a valid Will, your spouse is entitled to the first £322,000 of your estate and a share of the remainder. This may mean children from previous relationships inherit far less than you intended.

Joint property ownership: If you own your home as “joint tenants,” iit will automatically pass to the survivor, even if your Will says otherwise. This could potentially leave children in a vulnerable position.

Inheritance tax planning: Marriage and remarriage can disrupt existing trusts, gifts, and tax planning strategies, leading to unexpected liabilities.

The Human Cost of Poor Planning

Disputes over inheritance are now one of the fastest-growing areas of family litigation. Step-children and step-parents who once had good relationships can quickly find themselves on opposite sides of a legal dispute when grief, finances, and unclear intentions collide. These cases often damage family ties permanently.

How to Safeguard Your Family’s Future

The good news is that these risks can be managed with thoughtful planning and professional advice.

Options include:

  • Life interest trusts: Allowing a surviving spouse to live in the family home and benefit from income during their lifetime, while safeguarding the capital for children.
  • Reviewing property ownership: Converting joint tenancies into tenancies in common, where appropriate, so your share of a property can be gifted through your Will.
  • Clear communication: While detailed financial discussions aren’t always easy, explaining your general intentions can reduce confusion and prevent disputes later.

Professional Guidance is Key

Estate planning for blended families is rarely straightforward. A carefully drafted Will can balance the needs of your new spouse with the rights of children from a previous relationship, while also minimising tax exposure.

Our Private Client team at Downie & Gadban Solicitors can help you review your arrangements and put robust protections in place – so your wishes are respected, and your loved ones are cared for.

To discuss your Will or arrange an appointment, please call us on 01420 82879 or email [email protected]

 

The contents of this blog are for general awareness purposes and do not purport to legal or professional advice. The law may have changed since this blog was published. Readers should not act on the basis of information shared within this, or any other blog, but should seek appropriate, professional advice on their own circumstances.