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Children from Previous Relationships: Fair Inheritance UK

· 26 min

Sarah remarried at 42 with two teenage children from her first marriage. Her new husband Mark had a seven-year-old daughter. When Sarah died unexpectedly three years later, her £380,000 estate—mostly her share of the family home—passed entirely to Mark under her outdated will.

Mark promised he'd "look after" Sarah's children.

Two years later, Mark remarried. His new will left everything to his new wife and his biological daughter. Sarah's children, now in their early twenties, inherited nothing from their mother's estate.

Sarah had assumed "treating everyone fairly" meant trusting Mark to do the right thing. She never understood that UK inheritance law doesn't recognise moral promises—only legal documents.

In 2021, there were 781,000 step-families in the UK, with 8.8% of dependent children living in blended families. Without proper planning, even parents with the best intentions leave their children from previous relationships vulnerable to "sideways disinheritance."

This guide explains how to structure your will to protect all your children fairly—whether you want equal treatment or proportional distribution based on need.

Why Children from Previous Relationships Are at Risk

When you remarry without creating a new will, UK law creates a perfect storm of vulnerability for your children.

Marriage automatically revokes any existing will in England, Wales, and Northern Ireland. The moment you say "I do," your carefully planned will becomes worthless unless it was specifically made "in contemplation of marriage" to that particular person.

If you die without a valid will, intestacy rules dictate who inherits. Your surviving spouse receives the first £322,000 of your estate plus half of anything above that amount. Your biological children split the remaining half.

Sounds fair? Not when you have stepchildren.

Stepchildren receive nothing under intestacy unless you legally adopted them. Only biological children, adopted children, and your surviving spouse have automatic inheritance rights. Step-relationships, no matter how loving or long-standing, have no legal weight.

But here's the real danger: sideways disinheritance.

Even if you have a valid will leaving everything to your spouse with good intentions, they're free to do whatever they want with that inheritance. They can remarry, change their will, make lifetime gifts, or move assets offshore. When they die, your children may receive nothing while your spouse's biological children inherit everything that was originally yours.

James and Helen had been married for twelve years when James died. His £290,000 estate went entirely to Helen, who promised to "make sure the kids are looked after." James's two children from his first marriage were 28 and 31—adults who didn't need immediate support.

Helen lived comfortably on James's pension and the equity from his half of their home. At 65, she met Robert and remarried within eighteen months. Her new will left everything to Robert. When Helen died seven years later, Robert inherited the entire estate—including what had originally been James's assets. Helen's stepchildren, James's biological children, inherited nothing.

James's children had no legal claim. Their father's assets had legally become Helen's the moment he died, and Helen had every right to leave them to anyone she chose.

This happens in blended families across the UK every week. Verbal promises carry no legal weight. Good intentions evaporate when circumstances change. Your children from previous relationships are vulnerable every single day you don't have proper legal protection in place.

Do Stepchildren Have Inheritance Rights?

The short answer: No automatic rights, but some legal options exist.

Under UK intestacy rules, stepchildren are not recognised as family members with inheritance rights. Only biological children, adopted children, spouses, and civil partners have automatic entitlement when someone dies without a will.

If you legally adopt your stepchild, they gain exactly the same rights as a biological child. The adoption creates a permanent legal parent-child relationship that affects inheritance, intestacy, and all other aspects of family law.

But adoption isn't always appropriate, especially when the other biological parent is still involved in the child's life.

Stepchildren do have one important legal recourse: they can make claims under the Inheritance (Provision for Family and Dependants) Act 1975. The Act allows certain people to apply to the court for "reasonable financial provision" from an estate if the will (or intestacy) fails to provide adequately for them.

Stepchildren can claim if:

  • They were being maintained, either wholly or partly, by the deceased immediately before death
  • They were treated as a "child of the family" in relation to a marriage or civil partnership to which the deceased was a party
  • The deceased stood in the role of parent to them

These claims must be made within six months of the Grant of Probate. The court considers the stepchild's financial circumstances, their relationship with the deceased, the size of the estate, and the needs of other beneficiaries.

But relying on potential claims is risky, expensive, and creates family conflict. Court proceedings cost thousands of pounds, take months or years to resolve, and pit family members against each other precisely when grief is most raw.

If you want your stepchildren to inherit, name them explicitly in your will with specific gifts or percentage shares. Don't leave them to fight for recognition through the courts.

Equal vs Fair: What Does "Fair Inheritance" Mean?

Fair doesn't always mean equal. UK law gives you testamentary freedom—the right to distribute your estate however you choose, as long as you make adequate provision for your spouse and don't create obvious grounds for an Inheritance Act claim.

Equal Distribution means each child receives an identical share regardless of their circumstances, ages, or relationships with you. This works beautifully when all children have similar needs and you have good relationships with everyone.

Michael, 58, remarried to Emma (his second marriage, her first). Michael has two adult children ages 32 and 35 from his first marriage. Emma has one child, age 29. All three children are financially independent with stable careers. Michael and Emma's combined estate is worth £195,000. Their mirror wills leave everything to the surviving spouse, then split equally among all three children. Simple, clear, and appropriate for their circumstances.

Needs-Based Distribution allocates different amounts based on each child's financial situation, health, or life circumstances. This makes sense when there are dramatic differences between children.

Robert, 62, has three children. His eldest daughter, 38, is a successful accountant. His middle child, 35, has cerebral palsy and lives in supported housing with significant ongoing care needs. His youngest, 28, is a junior doctor with substantial student debt. Robert's £520,000 estate is distributed: 50% to a special needs trust for his middle child, 25% to his youngest to help clear debt and establish financial security, and 25% to his eldest. Each child receives what they need, not what they "earned" by birth order.

Relationship-Based Distribution reflects the depth of your parent-child relationship—but this approach carries significant legal and emotional risks.

If you choose to give less to a child because of estrangement or a difficult relationship, document your reasoning clearly in a letter of wishes. Courts can—and do—award claims to adult children who were left out or inadequately provided for, especially if they can demonstrate financial need or were dependent on you.

Hybrid Approaches combine different fairness philosophies. Many families split the main estate equally while addressing specific needs separately.

Jennifer's will divides her £340,000 estate equally among her three children (two biological, one stepchild she raised from age eight). But she also established a £50,000 life insurance policy with her youngest biological child as the sole beneficiary to help with university costs, since the older two had already completed their education when Jennifer was in a better financial position to contribute.

Here's what most people get wrong: there's no legal requirement to treat all children equally. UK courts recognise that parents may have valid reasons for unequal distribution. What matters is that your decisions are deliberate, documented, and don't leave dependents without adequate provision.

Approach Best For Risks Legal Considerations
Equal Split Similar circumstances across all children May ignore genuine need differences Simplest to execute and explain
Needs-Based Varied financial situations, age gaps, disabilities Perceived favouritism; potential hurt feelings Requires clear documentation and letter of wishes
Relationship-Based Estrangement or difficult relationships High Inheritance Act claim risk; family conflict Strongly recommend legal advice and detailed reasoning
Hybrid Most families with some differences but general equality desired Complexity in explaining; ensure all specific gifts are clearly documented Balance simplicity with addressing genuine needs

A letter of wishes—a non-binding document explaining your reasoning—helps executors and beneficiaries understand your intentions. It won't prevent an Inheritance Act claim, but it provides context that can reduce conflict and hurt feelings.

The fairness framework you choose should reflect your values, your children's circumstances, and your family dynamics. Just make sure your legal documents reflect your actual intentions, whatever they may be.

Life Interest Trusts: Protecting Both Spouse and Children

Life interest trusts solve the central dilemma of blended family inheritance: how do you provide security for your spouse while guaranteeing your children eventually inherit?

A life interest trust (also called a life rent trust) gives your surviving spouse the right to benefit from an asset during their lifetime—usually the right to live in the family home or receive income from investments—but the underlying capital passes to your chosen beneficiaries (typically your children) when your spouse dies.

Here's how it typically works with property:

You and your spouse own your home as tenants in common (more on this crucial distinction in the next section), each owning a specific percentage share. In your will, you place your share into a life interest trust. When you die, your spouse has the right to live in the property for the rest of their life. They can't sell it, remortgage it, or leave it to someone else in their will. When your spouse dies, your share of the property passes to your children from your previous relationship.

Your spouse has lifetime security. Your children have guaranteed inheritance. The trust prevents sideways disinheritance because your spouse can't change where the trust assets ultimately go.

David, 58, owned a £450,000 home with his second wife Emma. The property was held as tenants in common—50% each. David had two adult children from his first marriage. His will established a life interest trust: Emma could live in the home for the rest of her life, but David's 50% share would pass to his children when Emma died.

When David died at 63, Emma continued living in the family home without disruption. She had full security and the right to remain for life. Fifteen years later when Emma died at 78, the house was sold for £680,000. David's children inherited £340,000—their father's share, grown in value. Without the trust, Emma could have remarried and left everything to a new spouse. David's children would have received nothing.

Life interest trusts offer several powerful benefits for blended families:

  • Your spouse cannot change the ultimate destination of the assets
  • Protection from your spouse's remarriage—their new spouse has no claim
  • Your children are guaranteed to inherit, even if decades pass
  • Can provide asset protection from care home fees in some circumstances
  • Your spouse has legal security and can't be made homeless

But they're not simple, cheap, or appropriate for every situation.

Setting up a life interest trust requires a solicitor. This is not DIY territory. Errors in trust creation can invalidate the entire arrangement or create unintended tax consequences. Professional setup typically costs £500-£1,200 depending on the complexity and your location.

Life interest trusts have ongoing administration requirements. The trustees (often your children and a professional trustee) must manage the trust properly, file tax returns if required, and register the trust with HMRC's Trust Registration Service.

They can create tension between the life tenant (your spouse) and the remainder beneficiaries (your children). Your spouse might want to renovate the property or move somewhere more suitable as they age. Your children might resist because it could reduce the value of their eventual inheritance. These disputes can be painful and expensive.

Life tenants receive only the right to live in the property or income from investments—not access to the underlying capital. If your spouse needs expensive care, major surgery, or faces financial hardship, they can't access the trust capital even in genuine emergencies.

Flexible Life Interest Trusts (FLITs) address some of these concerns by giving trustees discretion to distribute capital in certain circumstances, but they're more complex and expensive to establish.

Life interest trusts make most sense when:

  • Your estate is substantial (£200,000+) with significant property equity
  • Your spouse is considerably younger and might live for many decades
  • You have serious concerns about remarriage or changed circumstances
  • Your children are adults who can serve as trustees
  • The cost (£500-£1,200 setup plus ongoing administration) is proportionate to the estate value

For smaller estates or situations where you have complete trust in your spouse, a simpler will structure may be more appropriate—and we'll explore when that makes sense later in this article.

Property Ownership Structures: Joint Tenants vs Tenants in Common

How you own your home determines whether your children can inherit your share. Get this wrong, and even the most carefully drafted will won't protect them.

There are two ways to own property jointly in the UK: as joint tenants or as tenants in common. The difference is critical.

Joint tenants means you and your spouse own the property as a single unit. When one owner dies, the property automatically passes to the surviving owner through "right of survivorship." This happens regardless of what your will says. The property never forms part of your estate, so you can't leave your share to your children.

This works perfectly for first marriages where couples want everything to go to each other. It's the default ownership structure when married couples buy property together.

But for blended families, it's a disaster.

If you own your home as joint tenants and die, your share instantly belongs to your spouse. Your children from your previous relationship get nothing from the property. Your spouse can then leave the entire property to whoever they choose—often their own biological children.

Tenants in common means each owner has a distinct, separate share of the property that they can dispose of in their will. You might own 50% each, or 60/40, or any other split that reflects your actual contributions. Your share doesn't automatically go to the other owner when you die—it passes according to your will's instructions.

This is essential for blended families who want to protect their children's inheritance.

Your share can go directly to your children, or more commonly, into a life interest trust giving your spouse the right to live there while ensuring your children eventually inherit.

Check your property ownership structure now. Look at your title deeds or request an official copy of your register from the Land Registry. If it says "joint tenants," your children are not protected.

You must sever the joint tenancy while you're alive. You cannot do this in your will—by the time your will is read, the property has already passed to the survivor through right of survivorship.

Severing a joint tenancy is straightforward. You complete Form SEV and register it with the Land Registry. If both owners agree, the process is simple and there's no fee. If you need to sever without the other owner's agreement (which is legally allowed), you must also serve formal written notice on them.

The shares don't have to be 50/50. If you contributed more to the deposit or paid more of the mortgage, you can hold the property in proportions that reflect those contributions—perhaps 70/30 or 60/40.

Critical warning: If you own your home as joint tenants and want your children from a previous relationship to inherit your share, you MUST sever the tenancy. This cannot be done in your will. It's a simple legal process but requires action while you're alive. Every day you delay is another day your children are unprotected.

Once you've severed the tenancy and become tenants in common, your will controls where your share goes. You can leave it directly to your children, place it in a life interest trust for your spouse's benefit during their lifetime, or structure it however meets your family's needs.

Don't assume your property is set up correctly. Check, and if necessary, sever the joint tenancy before you do anything else.

Discretionary Trusts: Maximum Flexibility for Complex Families

Where life interest trusts give specific rights to specific beneficiaries, discretionary trusts give your trustees complete control over how and when to distribute assets among a group of potential beneficiaries.

A discretionary trust names a class of beneficiaries—typically "my spouse, my children, and my stepchildren"—but doesn't give any of them automatic entitlement to anything. Instead, your trustees have discretion to decide who gets what, when, and how, based on their circumstances at the relevant time.

This is powerful when future needs are unpredictable.

Katherine, 54, remarried with one teenage child from her first marriage and two young stepchildren she'd been helping to raise. Her estate was worth £480,000. She couldn't predict which children would need more support in fifteen years. Would her biological child struggle with addiction? Would one stepchild have special needs? Would another become financially successful?

Her discretionary trust named all three children as beneficiaries and appointed her brother and a professional trustee to manage the assets. The trustees could distribute income and capital based on actual need as it emerged, rather than Katherine trying to predict the future from her current vantage point.

Discretionary trusts work well when:

  • Children's needs vary dramatically and may change significantly over time
  • You're concerned about a beneficiary's spending habits, substance abuse issues, or vulnerability to exploitation
  • You have very young children whose future circumstances are impossible to predict
  • You want to protect assets from potential creditors or divorcing spouses of beneficiaries
  • Family dynamics are complex and you trust your trustees to make fair decisions

The benefits are substantial:

Maximum flexibility to respond to changing circumstances over decades. Asset protection—creditors generally can't access trust assets, and they're usually protected in divorce settlements. Trustees can consider all beneficiaries holistically rather than being bound by rigid percentage splits. Protection for vulnerable beneficiaries who might not manage a large inheritance well.

But discretionary trusts are expensive and complex.

Setup costs typically range from £1,500 to £3,000 or more depending on the estate size and complexity. They require experienced trustees—often professional trustees who charge annual fees of 1-2% of the trust's value. Beneficiaries may feel frustrated by lack of control and certainty about what they'll receive.

Most significantly, discretionary trusts have complex tax implications. They may face periodic 10-year anniversary charges where inheritance tax is calculated on the trust's value. Professional tax advice is essential.

These trusts are not suitable for straightforward estates under £300,000 where simple direct inheritance or life interest trusts would suffice. They're sophisticated planning tools for complex situations, significant wealth, or genuine concerns about specific beneficiaries.

If you're considering a discretionary trust, you need a specialist solicitor with trust expertise—not a general high street firm, and certainly not an online will service. The stakes are too high and the complexity too great for anything less than professional advice.

Practical Distribution Strategies and Scenarios

Theory is useful. Specific examples are better. Here's how different families with different circumstances structure their wills to protect all their children fairly.

Scenario 1: Equal Treatment, Simple Approach

Mark, 52, married to Claire in his second marriage. Mark has two adult children (ages 24 and 26) from his first marriage. Claire has one child, age 22. All three children are financially independent with stable careers. Combined estate: £180,000 including a small house they own jointly.

Mark and Claire's solution: Simple mirror wills leaving everything to the surviving spouse, then divided equally among all three children after both deaths. Each child will receive one-third of whatever remains.

Why this works: All children are adults who don't need immediate protection. The modest estate size doesn't justify expensive trust structures. Mark and Claire have complete trust in each other and twenty years of stable marriage. The risk of sideways disinheritance is low, and the simplicity avoids unnecessary legal fees.

Scenario 2: Life Interest Trust with Property

Jennifer, 48, owns a £320,000 home as tenants in common (50% each share) with her second husband Paul. She has two children from her first marriage, ages 15 and 18. Paul has one adult child from his previous relationship. Combined estate including property and savings: £380,000.

Jennifer's solution: Her will places her 50% share of the property (£160,000) in a life interest trust. Paul can live in the home for the rest of his life, but cannot sell or remortgage Jennifer's share. When Paul dies, Jennifer's share goes to her two biological children. The remainder of her estate (£20,000 in savings and personal possessions) is split equally among Paul and Jennifer's two children.

Why this works: The property represents Jennifer's major asset and her children's primary inheritance from their mother. The life interest trust protects the property value while giving Paul security—he won't be forced to sell the family home. Jennifer's children are guaranteed to inherit their mother's main asset regardless of whether Paul remarries or changes his circumstances. Paul receives adequate provision through lifetime occupancy and a share of other assets, reducing any Inheritance Act claim risk.

Scenario 3: Needs-Based Distribution

Robert, 56, remarried with one child (age 12) from his current marriage and two adult children (ages 28 and 31) from his first marriage. His youngest child has Down syndrome and will need lifelong support. His adult children from his first marriage are both financially stable. Estate: £450,000.

Robert's solution: 40% to a special needs trust for his youngest child, 30% to his current wife (she has her own pension and assets), 15% each to his two adult children. The special needs trust is carefully structured to provide for his youngest without affecting means-tested benefits eligibility.

Why this works: The distribution reflects genuine need differences rather than equal splitting that would ignore reality. His youngest child receives the largest share because she'll need financial support throughout her life. His wife receives adequate provision (£135,000) for financial security. His adult children receive meaningful inheritances that acknowledge their relationship while recognising they don't have the same level of need. A letter of wishes explains his reasoning.

Scenario 4: Direct Inheritance with Smaller Legacy to Spouse

Diane, 62, in her second marriage to Tom. Tom has a substantial NHS pension and his own savings. Diane has three adult children from her first marriage, ages 35, 37, and 40. Her estate is £280,000, mostly from assets she brought into the marriage including her previous marital home equity.

Diane's solution: £50,000 legacy to Tom (providing him with immediate liquid funds), with the remainder split equally among her three children (£76,666 each). Tom's mirror will follows the same structure—a legacy to Diane, with the bulk to his own children.

Why this works: Both spouses have sufficient independent means and don't need to inherit everything from each other. The £50,000 legacy provides Tom with adequate provision, reducing Inheritance Act claim risk. Diane's primary obligation is to her children who would lose their inheritance entirely if she left everything to Tom first. This approach acknowledges the marriage while prioritising biological children—a mutual agreement reflected in both wills.

Scenario 5: The "Risky" Approach (What NOT to Do)

Michael left everything to his second wife Linda, trusting she'd "do right by" his three children when she died. Linda promised she would. Michael's will said: "All my estate to my beloved wife Linda absolutely."

Two years after Michael died, Linda remarried. Her new husband had two adult children. Linda changed her will to leave everything to her new husband, who would then leave it to his children. When Linda died, Michael's children inherited nothing. They had no legal claim—once the assets passed to Linda absolutely, they were hers to do with as she wished.

The lesson: Moral obligations are not enforceable. Legal structures are the only protection. "Absolutely" in a will means the beneficiary owns the assets outright with no restrictions. Once someone owns assets absolutely, they can do anything they want with them—including leaving them to people you never intended to benefit.

The key principle across all these scenarios: Match your approach to your family circumstances, estate size, and actual risks. Document your reasoning. Use appropriate legal structures rather than relying on promises. Make your will specific and clear.

What If Your Current Partner and Your Children Don't Get Along?

Not every blended family is harmonious. Sometimes there's genuine tension, dislike, or even hostility between your current partner and your children from previous relationships.

This is more common than people admit, and it doesn't make you a bad person or parent.

The legal reality: You can structure your will however you want under UK testamentary freedom, but your surviving spouse has the right to make an Inheritance Act claim for reasonable financial provision if you don't provide for them adequately.

The court doesn't care whether your spouse and children get along. It cares whether you've met your legal and moral obligations to provide for your spouse based on:

  • The length of your marriage
  • Your spouse's age, health, and financial circumstances
  • The standard of living you enjoyed during the marriage
  • Contributions your spouse made to the family welfare (including non-financial contributions)
  • Your spouse's financial needs and resources

If your marriage was long, your spouse is elderly or in poor health, and you leave them nothing while giving everything to your adult children, expect an Inheritance Act claim. The court will likely award your spouse adequate provision regardless of family tensions.

Risk mitigation strategies when relationships are strained:

Make lifetime gifts to your children from previous relationships—but mind the seven-year rule for inheritance tax. Gifts made more than seven years before death are usually outside your estate for IHT purposes.

Take out life insurance policies with your children as direct named beneficiaries. These policies sit outside your estate and pass directly to the named beneficiaries regardless of your will or intestacy.

Consider pension death benefits nominations. Most pensions allow you to nominate who should receive death benefits. While these nominations are usually discretionary (the pension trustees make the final decision), they carry significant weight and typically sit outside your estate.

Keep assets in your sole name rather than joint names where appropriate. You can't leave jointly owned assets that pass by survivorship.

Maintain clear records of which assets were yours before the marriage versus those acquired during the marriage. Courts sometimes consider this when determining adequate provision.

Provide adequate provision—even if minimal—to reduce claim risk. A legacy of £30,000-£50,000 to a spouse in a medium-sized estate might be enough to meet the "reasonable provision" threshold, especially if they have their own pension or assets. This isn't generosity—it's defensive planning.

Professional legal advice is essential when family relationships are hostile. A solicitor experienced in contentious probate can help you structure a will that reflects your wishes while minimising the risk of successful claims. They can advise on what constitutes "adequate provision" given your specific circumstances.

What about communication? There's no legal requirement to tell your spouse what's in your will, but consider the relationship impact. If you're leaving them significantly less than they expect and they discover this after your death, the resulting conflict may be worse than a difficult conversation during your lifetime.

If you're in an abusive relationship or fear coercion regarding your will, seek advice from specialist domestic abuse services like Refuge or Women's Aid alongside legal advice. You have the right to protect your children. Solicitors can meet with you confidentially and store your will securely where your partner cannot access or destroy it.

The uncomfortable truth: balancing protection for your children against adequate provision for a spouse you don't trust is legally and emotionally complex. There's no perfect solution, but there are structures that minimise risk while respecting your primary obligations.

Don't avoid making a will because the situation is difficult. Dying intestate when family relationships are strained creates even worse outcomes.

Stepchildren: When and How to Include Them

Some blended families genuinely treat all children equally, with love and commitment that transcends biology. If that's your situation, your will should reflect it.

Stepchildren must be explicitly named in your will. They have no automatic inheritance rights unless you've legally adopted them.

Use clear, specific language: "I leave my estate to be divided equally among my children John David Smith and Mary Elizabeth Jones, and my stepchildren Thomas Robert Brown and Anna Catherine Brown." Full names eliminate ambiguity.

Avoid vague language like "all the children I've raised" or "the children living with me." These create uncertainty and potential disputes. Name each child individually.

Consider legal adoption if your stepchildren are young and you've been their primary parental figure for most of their lives. Adoption gives stepchildren the same automatic rights as biological children for inheritance and intestacy. It's a permanent legal relationship that survives even if your marriage to their biological parent ends.

But adoption isn't always appropriate, especially when the other biological parent is active in the child's life and hasn't consented.

For equal treatment without adoption:

"My estate shall be divided equally among all my children and stepchildren, namely: [list each child with full name]." Then specify equal percentage shares: "Each child shall receive one-fifth of my estate" (if you have five children total).

Age considerations: If your stepchildren are minors, provide the same protective trusts you'd use for biological children. Don't leave significant assets directly to a 14-year-old—use a trust that holds the assets until they reach 18 or 21.

Discuss with your ex-partner if appropriate. If your biological children will receive less because you're including stepchildren equally, consider whether this is fair given they may inherit from their other biological parent. The mathematics of blended family inheritance can be complicated.

Marcus has two biological children who will inherit from both Marcus and their mother (his ex-wife). His new wife Sarah has one child who will only inherit from Sarah. If Marcus and Sarah both split their estates equally among "all three children," Marcus's children receive one-third from Marcus and half from their mother (five-sixths total of two estates), while Sarah's child receives one-third from Marcus and all of Sarah's estate (four-thirds of two estates). The distribution isn't actually equal across the families.

There's no perfect answer, but be intentional about the mathematics.

Mirror wills work well when both partners want to treat all children equally. You each leave your estate to the survivor, then split equally among all children from both relationships. This only works when you have complete trust in each other.

Update regularly. Children grow up, circumstances change, stepchildren may become more or less integrated into the family over time. Review your will every three to five years to ensure it still reflects your current wishes and family reality.

Letter of wishes: If you're treating stepchildren as equal beneficiaries, explain why. "I have been Thomas and Anna's stepfather since they were ages 4 and 6. I've helped raise them, supported them financially and emotionally, and consider them my children in every meaningful sense. This equal distribution reflects the reality of our family relationships."

This explanation can prevent hurt feelings or confusion after your death, especially if biological relatives question your choices.

Choosing to treat stepchildren as equal beneficiaries is a valid, loving choice. Make sure your legal documents reflect your intentions clearly, specifically, and unambiguously.

Creating Your Will: When DIY Works and When You Need a Solicitor

You've read about life interest trusts, discretionary trusts, and complex family dynamics. Now you're probably wondering: can I actually do this myself, or do I need expensive professional help?

The honest answer: it depends on your specific situation.

WUHLD's online will service (£49.99) works well when:

Your distribution is straightforward among named beneficiaries—"everything to my spouse, then split equally among my three children (two biological, one stepchild)" with each child named individually.

Your estate is under £200,000 with no complex tax planning needed.

Your children are adults or teenagers, not young children requiring protective trusts until they reach maturity.

You want simple equal splits or clearly defined percentage distributions: "60% to my biological children, 40% to my spouse."

Your property is either in your sole name or you've already severed a joint tenancy and hold it as tenants in common with a simple plan for your share.

You don't need life interest trusts or discretionary trusts—you're comfortable with straightforward "X gets Y%" distributions.

What WUHLD provides:

Clear beneficiary designation where you name all children individually with their full names. Percentage or fractional share specification so there's no ambiguity about who gets what. Guidance on appointing guardians for children under 18. Backup beneficiaries if your primary beneficiary dies before you. Complete legal validity with proper execution guidance including witness requirements.

Most importantly: you can preview your complete will before paying anything. See exactly how it would work for your family. If the tool meets your needs, complete your will for £49.99. If you realise your situation is too complex, you'll have a much clearer understanding of what you need when you consult a solicitor.

You need a solicitor or trust specialist when:

You want a life interest trust to protect property for your spouse's lifetime while guaranteeing your children inherit after their death. This requires professional setup and typically costs £500-£1,200.

A discretionary trust is appropriate because you need maximum flexibility for complex, unpredictable family needs. Expect to pay £1,500-£3,000+ for proper setup.

Your estate exceeds £500,000 and you need inheritance tax planning to minimise the tax burden on your beneficiaries.

You have a child with special needs requiring a protective trust that preserves their means-tested benefits eligibility.

Family relationships are hostile and you anticipate Inheritance Act claims—you need defensive will drafting.

You own a business and need business property relief planning or succession arrangements.

You have expat status, foreign property, or assets in multiple jurisdictions.

Your divorce settlement included specific obligations about provision for children that must be reflected in your will.

Cost expectations for professional will writing:

  • Simple solicitor will for blended family (straightforward distributions): £150-£500
  • Will with life interest trust: £500-£1,200
  • Complex trust arrangements with discretionary trusts: £1,500-£3,000+
  • Worth it when: The stakes are high, the estate is substantial, family dynamics are complex, or you need structures an online service cannot provide

The hybrid approach many people find useful:

Start by using WUHLD's free preview to understand will structure and see how your beneficiaries and distribution would look. This costs nothing and helps you think through your specific wishes.

If you realise during the preview that you need trusts or more complex arrangements, consult a solicitor—but you'll have a much clearer understanding of what you want. You'll arrive at the solicitor's office informed rather than confused.

Either way, you'll be more knowledgeable about your choices and better equipped to protect your family.

Your action steps right now:

Assess your situation against the criteria above. Is your distribution straightforward or complex? Is your estate modest or substantial? Do you need trusts or just clear beneficiary designation?

If your situation is straightforward, preview WUHLD's will creator to see if it meets your needs. It's completely free with no credit card required—you'll see your actual will before deciding whether to pay.

If your situation is complex, gather your financial information (property values, savings, investments, pensions) and book a consultation with a specialist wills and trusts solicitor in your area.

Don't delay. Your children from previous relationships are vulnerable every single day you don't have a proper will in place. Whether you spend £49.99 for an online will or £1,200 for a trust-based will through a solicitor, the cost is minimal compared to the devastation of sideways disinheritance.

Protecting Your Children: The Time to Act Is Now

Your blended family's inheritance planning doesn't have to be complicated, but it does have to be intentional.

Key takeaways:

  • Children from previous relationships have NO protection under intestacy if you remarry without creating a new will—stepchildren have even less unless adopted
  • Marriage automatically revokes existing wills in England, Wales, and Northern Ireland; remarrying without a new will leaves biological children vulnerable to sideways disinheritance
  • Life interest trusts are the gold standard for protecting both surviving spouse and children from previous relationships—but require professional setup and aren't necessary for every estate
  • Property ownership structure matters: sever joint tenancy to become tenants in common so your share can pass according to your will rather than automatically to the surviving owner
  • Fair doesn't always mean equal—consider each child's needs, ages, and circumstances, but document your reasoning clearly in a letter of wishes

Blended families are built on love, commitment, and the courage to create new family structures. But legal protection requires more than good intentions—it requires clear documentation that survives remarriage, changed circumstances, and even changed hearts.

Protecting all your children fairly is one of the most important things you'll ever do.

Take 15 minutes right now to preview how you'd structure your will using WUHLD's online service—completely free, no credit card required. For £49.99 (not £650+ with a solicitor), you'll create a legally valid will that clearly names all your beneficiaries and specifies exactly how your estate should be divided.

You'll receive four essential documents:

  • Your complete, legally binding will
  • A 12-page Testator Guide explaining how to execute your will properly
  • A Witness Guide to give to your witnesses
  • A Complete Asset Inventory to record all your assets

If you discover during the free preview that you need life interest trusts or complex arrangements, you'll still have clearer understanding of your needs when you consult a solicitor. Either way, your children from all relationships deserve the protection that only a proper will provides.

Ready to Create Your Will?

WUHLD makes it simple to create a legally valid will online in just 15 minutes. Our guided process ensures your wishes are properly documented and your loved ones are protected.

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Legal Disclaimer: This article provides general information about estate planning for blended families and does not constitute legal advice. UK inheritance law is complex, and every family's circumstances are unique. For advice specific to your individual situation, especially if considering life interest trusts or discretionary trusts, please consult a qualified solicitor specialising in wills and estate planning. WUHLD's online will service (£49.99) is suitable for straightforward estates with clearly defined beneficiaries; complex situations involving trusts, family tensions, or estates over £500,000 may require professional legal advice.

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