Blended Families: Making a Will when you have children from a previous relationship

Making a Will is important for anyone who wants to control what happens to their assets after they pass away.

If there are children from a previous relationship, preparing a Will can be more complex and can cause significant issues for your spouse, partner, or children if the Will is not drafted correctly.

Family Protection Act 1955

The Family Protection Act 1955 allows close family members such as a spouse, de facto partner, or children (amongst others) who have been left out of a Will or for whom or inadequate provision has been made, to challenge the Will.

For this reason, it is important to consider the circumstances of children in addition to the financial position of a current partner, and any others that may have a claim upon your estate.

Think carefully about the family home

The family home is often the most significant asset in an estate and can create tension between children from a previous relationship and a surviving partner where the children wish to realise their inheritance whereas a surviving partner may wish to remain in the family home.

When drafting a Will, it is important to consider the rights any surviving partner may have in the family home, whether they should then have a right to occupy the home, and if so, at what point should the family home pass to the children.

Review Jointly Owned Assets

Assets which are held jointly with another person (most commonly your partner) will automatically pass to the survivor regardless of what your Will says.

Examples of this include jointly owned bank accounts and jointly owned real estate.

Choose Executors Carefully

An executor is responsible for the administration of the estate. This important role includes realising assets and using the estate funds to pay any debts or liabilities.

Where there are children from a previous relationship, selecting an executor requires particular care as having the right executor can significantly reduce the risk of conflict.

It is also important to consider any existing or possible future tension between a partner, children and whether an independent professional executor may be appropriate.

Seek Certainty – Get Professional Advice

If you have children from a previous relationship, making a Will requires careful consideration of the interests of your current spouse/partner and your children.

We have significant experience in this difficult area. One of our experts would be happy help.

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