Wills for Blended Families and Stepchildren

Why the usual approach goes wrong

The most common will for couples leaves everything to the surviving partner, then to the children after the second partner dies. In a first-marriage family that works fine. In a blended family it can quietly disinherit a whole branch.

Say you leave everything to your second husband, expecting it to reach your children afterwards. Once he inherits, it's legally his. He can make a new will leaving it to his own children or a new partner, and your children have no automatic claim. Nothing has gone wrong in law. Your wishes have simply been undone.

Stepchildren do not inherit automatically

When there's no will, the intestacy rules apply, and they only recognise biological and legally adopted children. Stepchildren inherit nothing. If you want a stepchild to inherit, you must name them. The reverse matters too: a gift to "my children" may not include stepchildren unless you spell it out.

Ways to protect everyone

This is where blended families usually need proper drafting. The common tools are:

• A life interest trust, which lets your partner live in the home or take an income for life, with the capital passing to your children afterwards.
• Owning your home as tenants in common rather than joint tenants, so you can leave your share to your children instead of it passing automatically to your partner.

Both have to be set up correctly. Done wrong, they can fail or create tax problems.

This one needs advice

PureWill is built for straightforward estates, and a blended family rarely is one. If there are children from a previous relationship, we'll point you to a solicitor rather than sell you a will that might not do what you intend. You can find a will solicitor through the Law Society. For this situation, it's the right call.