Second Marriages and Inheritance: How to Protect Your Children’s Future
Managing family dynamics in an ever-changing world can present unique challenges, particularly when it comes to inheritance planning. For those entering a second marriage or forming a blended family, careful estate planning is essential to ensure that loved ones are protected and your wishes are carried out.
If you are entering a second marriage, have children from a previous relationship, or would like to review your existing Will, our experienced Private Client team can help. We can advise on Wills, trusts, property ownership and estate planning arrangements designed to protect both your loved ones and your wishes for the future. Please contact us to arrange a consultation.
A Recent Example from 22 Kids and Counting
A recent episode of Channel 5's 22 Kids and Counting highlighted some of the difficulties that can arise when family circumstances and estate planning arrangements do not align.
In the programme, Noel Radford and his brother Ian discovered that, despite their expectations, they would not benefit from their late mother's estate. Following her death, her share in her property passed to her husband, Clive, who later changed his own Will. When Clive passed away, the brothers were shocked to learn they were not included in his Will. Therefore, they received nothing from the estate.
Whilst every family's circumstances are different, and we do not know the full details, context or legal position of the Radford family's arrangements, the story raises important questions about how best to provide for a surviving spouse whilst also protecting an inheritance for children from a previous relationship.
Read more: 22 Kids and Counting’s Noel Radford dealt heartbreaking news after family death
Why Blended Families Need Specialist Estate Planning
Inheritance issues can be particularly complex in blended families. Parents often want to ensure that a surviving spouse is financially secure, whilst also preserving an inheritance for their children.
However, without careful planning, there can be a significant gap between what a person intends to happen and what actually happens after their death.
Outdated Wills, assumptions about how property is owned, and informal family understandings can all lead to unexpected outcomes. In some cases, children from a previous relationship may receive less than anticipated, whilst stepchildren may not inherit at all unless specific provision is made for them.
For this reason, anyone entering a second marriage or reviewing their estate planning arrangements should consider whether their current Will reflects their wishes and adequately protects all members of their family.
How Can You Provide for a Second Spouse Whilst Ensuring Your Children Ultimately Inherit?
One of the most common concerns for those entering a second marriage is how to balance the needs of a surviving spouse with the desire to preserve an inheritance for their children.
Many parents assume that if they leave everything to their spouse, their children will ultimately inherit what remains. However, once assets pass outright to a surviving spouse, those assets generally become theirs to deal with as they wish. This may include changing their Will, making gifts during their lifetime, spending the assets, or leaving their estate to different beneficiaries.
This does not necessarily mean that leaving everything to a spouse is the wrong approach. However, for those with children from previous relationships, it is important to understand the potential consequences and explore whether alternative arrangements may be more suitable.
Careful estate planning can help ensure that both your spouse and your children are protected.
Taking legal advice before marriage, remarriage or cohabitation can help ensure your estate planning reflects your current wishes and protects those you care about most.
Please contact our Private Client team to discuss your circumstances and review your existing Will.
Using a Life Interest Trust to Protect Your Family
One option that may be appropriate in certain circumstances is a Life Interest Trust.
A Life Interest Trust allows a person to benefit from an asset during their lifetime without owning it outright. The underlying asset is preserved for other beneficiaries in the future.
A common example is where a person's share of the family home is placed into a trust on their death. Their surviving spouse may have the right to continue living in the property for the rest of their life, providing security and stability. However, the deceased's share of the property is protected and will ultimately pass to their chosen beneficiaries, such as their children.
This type of arrangement can help strike a balance between:
- Providing financial security for a surviving spouse.
- Preserving an inheritance for children from a previous relationship.
- Reducing the risk of future disputes.
- Protecting assets from unintended consequences later down the line.
Joint Tenants v Tenants in Common
Another important consideration is how property is owned.
Joint Tenants
Where a property is owned as joint tenants, both owners are treated as owning the whole property together.
When one owner dies, their interest automatically passes to the surviving owner through what is known as the right of survivorship.
This happens regardless of what their Will says.
As a result, a join tenant's share of the property cannot usually be left to someone else under their Will.
Tenants in Common
Where a property is owned as tenants in common, each owner holds a separate share in the property.
That share forms part of their estate when they die and can be left to beneficiaries of their choosing through their Will.
For blended families and second marriages, owning property as tenants in common may provide greater flexibility and can allow trust arrangements to be incorporated into an estate plan.
Many people are unaware of how their property is owned and mistakenly assume that their share will pass in accordance with their Will. Understanding the distinction between joint tenants and tenants in common can therefore be a crucial part of protecting your children's inheritance.
Do Stepchildren Automatically Inherit?
One of the most common misconceptions in blended families is that stepchildren have the same inheritance rights as biological or adopted children.
Under the intestacy rules in England and Wales, stepchildren do not automatically inherit from a stepparent's estate unless they have been legally adopted.
This means that if someone dies without leaving a valid Will, their estate will generally pass according to the intestacy rules. Whilst spouses, civil partners and certain blood relatives may inherit, stepchildren are not automatically included.
This often comes as a surprise to many blended families, particularly where a stepparent has played an active parental role for many years and regards the child as part of the family. The legal position, however, may be very different from what family members expect.
If you wish your stepchildren to benefit from your estate, it is important that this is clearly reflected in a valid and up-to-date Will.
Inheritance Act Claims
Failing to make adequate provision for certain family members or dependants can sometimes leave an estate vulnerable to a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
The legislation allows certain individuals, including spouses, civil partners, children and, in some circumstances, people who were financially dependent upon the deceased, to bring a claim if they believe that reasonable financial provision has not been made for them.
These claims can be costly, time-consuming and emotionally challenging for families.
Reviewing your Will regularly, particularly following significant life events such as marriage, remarriage, divorce or the birth of children, can help reduce the risk of future disputes and ensure your wishes remain clear.
You may also find our article on Disputes After Death helpful if you would like to understand the types of inheritance disputes that can arise and how they may be avoided.
Regular Reviews Are Essential
Estate planning should not be seen as a one-off exercise.
You should consider reviewing your Will if you:
- Get married or remarry.
- Separate or divorce.
- Purchase a property.
- Have children or grandchildren.
- Receive an inheritance.
- Experience a significant change in your financial circumstances.
You can find out more in our article, ‘When should you update your Will?’
Marriage Revokes a Will
It is also important to remember that, in most circumstances, a Will is automatically revoked when a person marries or enters into a civil partnership. Anyone planning a marriage or remarriage should therefore review their estate planning arrangements and take legal advice where appropriate.
Protecting Your Family's Future
Second marriages often require more careful estate planning than many people realise. While leaving assets outright to a spouse may seem like the simplest solution, it may not always achieve the outcome you intend, particularly where children from previous relationships or stepchildren are involved.
Understanding how your property is owned, keeping your Will up to date, considering whether trust arrangements may be appropriate and ensuring stepchildren are expressly included where desired can all help protect your family's future.
The right arrangements can provide security for a surviving spouse whilst safeguarding an inheritance for future generations.
Contact Us
If you are entering a second marriage, reviewing your existing Will, or want to ensure that your spouse, children and stepchildren are protected, now is the ideal time to review your estate planning arrangements.
Our experienced Private Client team can advise on Wills, trusts, property ownership and inheritance planning, helping you put arrangements in place that reflect your wishes and provide peace of mind for the future.
📞 Call us on 01707 329333
📧 Email a.davies@crane-staples.co.uk
The information in this article is intended as a general guide only and relates to the law of England and Wales. It should not be relied upon as legal advice. Specific advice should be sought for your individual circumstances.