Second Marriage and Wills: Protecting Blended Families

James married Rachel three months ago. He was 52, she was 48, both had children from previous marriages. James had meant to update his will before the wedding, but with venues, caterers, and blending two families, he never got around to it.

Six weeks after the honeymoon, James died suddenly of a heart attack.

His old will—the one that left everything in trust for his two sons—was automatically invalid the moment he said "I do." Under intestacy rules, Rachel inherited £322,000 plus half of everything else. His sons received the other half. But here's what James never knew: with no life interest trust in place, Rachel could now remarry, change her will, and leave everything—including what James had built over decades—to someone else entirely.

His sons from his first marriage could end up with nothing.

This isn't a hypothetical nightmare. It happens to remarried families across the UK every week. Nearly 1 in 4 married people in the UK have been married before, yet most don't realize that remarriage creates unique inheritance risks that require specific legal protections.

This guide will help you understand exactly what happens to your will when you remarry, how UK law treats stepchildren, and the specific strategies that protect everyone in your blended family.

Why Remarriage Makes Your Existing Will Worthless

The moment you exchange vows, your previous will becomes void. No exceptions, no grace period.

Under Section 18 of the Wills Act 1837, marriage or civil partnership automatically revokes any existing will you've made. This applies whether it's your first marriage or your fifth. Whether you made your will yesterday or twenty years ago.

The law exists to protect new spouses from being accidentally excluded from estates. When the Wills Act was drafted in 1837, most people married once and stayed married for life. The automatic revocation rule ensured that new spouses weren't left destitute because their partner had made a will decades earlier leaving everything to distant relatives.

But for blended families in 2025, this Victorian-era protection creates serious problems.

Sarah's will left her £450,000 estate in trust for her two daughters from her first marriage. When she remarried at 51, her will instantly became worthless. She died 18 months later in a road accident without making a new will. Her daughters—the sole focus of her original estate plan—now had to share the estate with a stepfather they barely knew.

The only exception to this rule is if your will explicitly states it was made "in contemplation of marriage" to a specific named person. We'll explore this exception shortly, but it rarely solves the core challenges facing blended families.

For now, understand this: if you've remarried and haven't created a new will since your wedding day, you currently have no valid will. Your estate will be distributed under intestacy rules, which almost certainly don't reflect your wishes.

What Intestacy Rules Mean for Your Blended Family

When you die without a valid will, UK intestacy rules determine who inherits. For people with both a spouse and children, the formula seems straightforward. But for blended families, it creates precisely the conflicts you wanted to avoid.

Here's the current distribution under intestacy rules:

Your surviving spouse receives the first £322,000 of your estate, plus all personal possessions (jewelry, furniture, cars), plus half of everything above £322,000. Your children share the other half of everything above £322,000 equally between them.

Notice what's missing from that formula: any mention of stepchildren.

Under UK intestacy law, stepchildren receive absolutely nothing unless they've been legally adopted by you. Only biological children and adopted children are recognized. Your stepchildren—even if you raised them from age five, even if they call you Mum or Dad—inherit nothing under intestacy rules.

Let's look at what this means in practice.

Scenario 1: Estate worth £280,000

David remarries at 48. He owns a house worth £200,000 and has £80,000 in savings. He has two children from his first marriage; his new wife Emma has one son from her previous relationship.

David dies without updating his will. Because his entire estate is worth less than the £322,000 threshold, Emma inherits everything. David's biological children receive nothing. Emma's son—not related to David—could eventually inherit everything if Emma leaves her estate to him.

David's children are completely disinherited, despite his intention that they would inherit his assets.

Scenario 2: Estate worth £722,000

Helen remarries at 55. She owns a house worth £520,000 and has investments worth £202,000. She has three adult children from her first marriage; her new husband Paul has two adult children.

Helen dies without updating her will. Paul receives the first £322,000 plus all personal possessions, plus half of the remaining £400,000 (which is £200,000). Total to Paul: £522,000. Helen's three biological children share the remaining £200,000—about £66,667 each.

But here's the critical risk: Paul now owns £522,000 outright. If Paul remarries, changes his will, or simply leaves his estate to his own children, Helen's children could lose access to what was originally their mother's wealth.

The "second death" problem is the hidden danger of intestacy for blended families. Your spouse inherits. They can do whatever they want with that inheritance. They might have the best intentions, but circumstances change. They might remarry. They might face financial pressure from their own children. They might develop dementia and be influenced to change their will.

Without protective structures in place, your children's inheritance depends entirely on your spouse's future decisions and circumstances.

The Stepchildren Dilemma: Why Blood Matters in UK Law

UK inheritance law makes a stark distinction: you're either legally a "child" of the deceased, or you're not. There's no middle ground for stepchildren, regardless of the emotional reality of your relationship.

Even if you raised your stepchildren for twenty years. Even if you paid for their education, attended every parents' evening, walked them down the aisle at their wedding. Even if they consider you their "real" parent.

Under intestacy rules, stepchildren have zero automatic inheritance rights.

This harsh legal reality extends to will language as well. If your will says "I leave my estate to my children," UK courts interpret "children" to mean your biological and legally adopted children only. Your children from previous relationships need specific provisions. Your stepchildren are excluded unless you name them specifically by name.

Consider this scenario:

Michael remarried when his son Tom was 8 years old. His new wife brought her daughter Claire, also 8, into the family. Michael raised both children equally for the next fifteen years. He considered Claire his daughter in every meaningful way.

Michael made a will that said "I leave my estate to my children equally." He assumed this covered both Tom and Claire.

When Michael died, Claire discovered she had no claim. "Children" meant Tom only. Michael's entire £380,000 estate went to Tom. Claire, despite being raised as Michael's daughter, received nothing.

The only way Michael could have provided for Claire was to name her explicitly: "I leave my estate equally to my son Tom Michael Harris and my stepdaughter Claire Emma Thompson."

Can Stepchildren Ever Inherit?

Stepchildren do have one potential route to inheritance, but it's uncertain, expensive, and often damages family relationships.

Under the Inheritance (Provision for Family and Dependants) Act 1975, stepchildren can make a claim against an estate if they can prove:

They were treated as a "child of the family" by the deceased
The deceased made no provision or inadequate provision for them
They were financially dependent on the deceased

These claims go to court. They cost thousands of pounds in legal fees. The outcome is never guaranteed. Even if successful, the court might award only a modest provision, not the full inheritance you intended.

And critically, these claims create family warfare. Your stepchildren are forced to sue your estate—potentially fighting against your spouse or your biological children—to receive what you might have wanted them to have all along.

This is exactly the conflict you can prevent with a properly structured will that names all the people you want to inherit, including stepchildren.

The lesson for blended families: never rely on generic language or assumptions about who counts as "family" under UK law. Name every beneficiary specifically.

The "In Contemplation of Marriage" Exception (And Why It's Rarely Enough)

There is one way to prevent marriage from revoking your will—but it's rarely the complete solution blended families need.

Section 18 of the Wills Act 1837 allows you to make a will "in contemplation of marriage" to a specific named person. If you do this correctly, your marriage won't revoke the will.

The requirements are strict:

Your will must explicitly state that it's made "in contemplation of marriage" to a named person—you can't just say "in contemplation of marriage," you must name your fiancé or fiancée specifically. Your will must state that it should not be revoked by the marriage. And the marriage must occur within a reasonable timeframe after making the will. In one case, the court found that 25 years was not reasonable.

So if you're engaged and want to preserve your current will, you can include language like: "I declare that this will is made in contemplation of my marriage to Rachel Anne Thompson and shall not be revoked by such marriage."

When you marry Rachel, your will remains valid.

But here's why this rarely solves the core problems facing blended families:

The contemplation clause simply prevents revocation. It doesn't create the protective structures most blended families need. If your pre-marriage will left everything to your children from your first marriage, that's still what happens—your new spouse receives nothing. If it left everything to siblings or parents, same problem.

Most people remarrying genuinely want to provide for their new spouse. They also want to protect their children from their first relationship. These goals aren't mutually exclusive—but they require more sophisticated planning than simply preserving an old will.

The contemplation clause works well in specific situations:

You're getting married soon and want your current beneficiaries protected during the engagement period. You've recently updated your will to reflect your upcoming marriage and want to prevent an accidental revocation gap. You have a long engagement and want protection in place.

But if you're remarrying with children from previous relationships, you almost certainly need a new will with protective trusts and specific provisions, not just a preservation of your old will.

Think of the contemplation clause as a temporary bridge, not a permanent estate plan for a blended family.

Life Interest Trusts: The Gold Standard for Second Marriages

A life interest trust solves the central dilemma of blended family estate planning: how do you care for your new spouse while guaranteeing your children eventually inherit?

Here's how it works in practice:

When you die, your share of assets—typically your share of jointly owned property—goes into a trust. Your surviving spouse becomes the "life tenant." They have the right to live in the property for their lifetime, or to receive income generated by the trust assets. But they don't own the assets outright.

When your spouse dies or remarries, the trust ends. The assets pass to your children—the people you named as "remaindermen" or final beneficiaries.

Emma and Richard married when both were 52. Emma had two daughters from her first marriage; Richard had a son. They bought a house together worth £480,000.

Emma created a will with a life interest trust for her half of the house (£240,000). If she dies first, Richard can live in the house for the rest of his life. He doesn't have to sell. He isn't made homeless. He has security.

But Richard can't sell the house and spend the money. He can't remortgage Emma's share. He can't leave Emma's £240,000 to his own son. When Richard eventually dies, Emma's £240,000 share passes to her two daughters.

Emma's daughters are guaranteed to inherit what their mother built, while Richard is protected and cared for. It's both/and, not either/or.

Why Life Interest Trusts Are Called "The Ideal Modern Family Trust"

Life interest trusts offer several critical protections:

Your new spouse cannot give away your assets. The life interest prevents your spouse from changing their will to leave your assets to someone else—their new partner, their children, a charity. The assets are ring-fenced for your children.

Protection from your spouse's remarriage. If your spouse remarries after you die, their new spouse has no claim on the assets you've protected in trust. Your children's inheritance is secure.

Protection from care home fees. If your spouse needs residential care, the local authority cannot force the sale of trust assets to pay care fees, because your spouse doesn't own them—the trust does. (Note: this is a complex area that requires specialist legal advice.)

Protection from bankruptcy. If your spouse faces financial difficulties, creditors cannot claim trust assets because your spouse isn't the legal owner.

Your children will definitely inherit. This is the fundamental guarantee. No matter what happens—your spouse's remarriage, financial pressure, changed relationships, cognitive decline—the assets pass to your children.

Flexible Life Interest Trusts (FLITs)

Some families need more flexibility than a standard life interest trust provides. Flexible Life Interest Trusts (FLITs) give trustees the power to advance capital to the life tenant in specific circumstances.

For example: your spouse needs a significant sum for medical treatment, or wants to downsize and needs access to capital for a smaller property. With a FLIT, trustees can provide this while still protecting the core inheritance for your children.

The Critical Property Ownership Requirement

Here's something many people miss: for a life interest trust involving property to work, you must own the property as "tenants in common," not "joint tenants."

With joint tenancy, the property automatically passes to the surviving owner when you die—it bypasses your will entirely through the "right of survivorship." Your will's instructions, including any life interest trust, are irrelevant.

With tenants in common, each person owns a distinct share (usually 50/50). Your share passes according to your will. This allows your share to go into a life interest trust.

If you currently own property as joint tenants, you can convert to tenants in common by completing a Form SEV (Severance of Joint Tenancy) and registering it with the Land Registry. This is straightforward but essential—without this step, any life interest trust provisions in your will won't work for the property.

Important note: Life interest trusts require specialist legal drafting. While WUHLD can help you create a straightforward will that protects your family, trusts typically require consultation with a solicitor experienced in estate planning for blended families. Costs typically range from £500 to £2,000 depending on complexity.

Practical Strategies to Protect Everyone

Beyond life interest trusts, several complementary strategies help protect all family members in a second marriage. Think of these as a toolkit—most blended families benefit from using multiple approaches together.

Strategy 1: Separate Assets Clearly Before Remarriage

Consider a prenuptial agreement that clarifies which assets each person brings to the marriage and how they'll be treated on death. While prenuptial agreements aren't legally binding in the UK for inheritance purposes, courts increasingly consider them when interpreting a deceased person's intentions.

Maintain some separate assets—individual bank accounts, investments in your sole name—alongside joint accounts. This makes it easier to leave specific assets to specific people.

Strategy 2: Life Insurance Written in Trust

Take out a life insurance policy for the amount you want your children to inherit. Write the policy "in trust" for your children as beneficiaries.

When you die, the insurance proceeds go directly to your children, bypassing your estate entirely. The money isn't subject to your will, isn't controlled by your spouse, and doesn't count toward inheritance tax thresholds.

David wanted his two sons to receive £100,000 total when he died, but he also wanted to leave his estate to his new wife. He took out a £100,000 life insurance policy written in trust for his sons. When David died, his sons received the £100,000 directly from the insurance company within weeks. His wife inherited the house and savings as planned. Everyone received what David intended with no conflict.

Strategy 3: Pension Nomination Forms

Your pension doesn't pass through your will. Instead, the pension trustees decide who receives death benefits based on your "expression of wishes" form (sometimes called a nomination form).

Complete this form carefully, naming specific beneficiaries and explaining your reasoning. If you want your pension to go to your children rather than your spouse, say so explicitly. If you want it split, specify the percentages.

Review and update this form whenever your circumstances change. Unlike your will, pension nominations aren't automatically revoked by marriage—but you still need to update them to reflect your current wishes.

Strategy 4: Lifetime Gifts

Give significant gifts to your children while you're alive. You can see them benefit. There's no ambiguity about who receives what. And if you survive seven years after making the gift, it's completely outside your estate for inheritance tax purposes.

Be cautious with this strategy. Don't give away assets you might need for care in later life. Don't create financial hardship for yourself. But strategic lifetime gifting can be powerful—both for protecting your children's inheritance and for tax planning.

Strategy 5: Clear Communication

This isn't a legal strategy, but it's often the most important.

Discuss your estate plans with your spouse and all your children (biological and step). Explain your reasoning. If you're using a life interest trust, help everyone understand how it works and why it's fair.

Most inheritance disputes arise from surprise and misunderstanding. "I had no idea this was the plan" leads to contested wills and family breakdown. "I understand why Mum did this, even if I wish it were different" leads to acceptance.

You don't have to disclose exact amounts or every detail. But transparency about your approach—"I've made sure my new wife can stay in the house, and that my children from my first marriage will inherit my share eventually"—prevents the suspicion and resentment that destroy families.

Comparison of Protection Strategies

Strategy	Who It Protects	Cost	Complexity	Limitations
Life interest trust	Spouse and children from first marriage	£500-£2,000+ (solicitor fees)	High (requires legal expertise)	Only works with tenants in common; requires professional setup
Life insurance in trust	Children from first marriage	Annual premiums (varies by age/health)	Low (insurance company handles trust)	Requires ongoing premium payments; amount fixed at outset
Pension nominations	Chosen beneficiaries	Free	Low (one form to complete)	Pension trustees make final decision; not legally binding
Lifetime gifts	Recipients of gifts	Free (but possible IHT if death within 7 years)	Low	Can't reclaim gifts if circumstances change; 7-year IHT rule
Prenuptial agreement	Both spouses' intended beneficiaries	£1,500-£3,000+ (solicitor fees)	Medium	Not legally binding for inheritance (unlike divorce)
Standard will with specific bequests	Named beneficiaries	£49.99 (WUHLD) to £350+ (solicitor)	Low to medium	Spouse inherits outright with no restrictions on future disposal

Most financial advisors recommend using multiple strategies together for comprehensive protection. For example: a life interest trust for your main assets, life insurance for your children, clear pension nominations, and open communication with all family members.

Common Mistakes Remarried People Make With Wills

Understanding what not to do is as important as knowing the right strategies. These seven mistakes cost blended families millions of pounds every year in lost inheritances and legal disputes.

Mistake 1: Waiting to Make a New Will After Remarriage

Every day you spend remarried without a valid will, your family is exposed to intestacy risk. If you died tomorrow, the £322,000 threshold and rigid intestacy formula would control everything.

People delay for understandable reasons. Making a will means confronting mortality. Blended family situations feel complicated. Discussing inheritance feels awkward with a new spouse.

But the risk is real and immediate. The average time people wait after remarriage to make a new will is over two years. During those two years, anything could happen.

The fix: make creating a will your first priority after returning from honeymoon. Within the first month of remarriage, have a clear will in place. Even if it's a simple will you later enhance with trust provisions, protect your family now.

Mistake 2: Using Mirror Wills Without Protective Trusts

Mirror wills are popular with couples in first marriages. You leave everything to your spouse; they leave everything to you. Whoever dies second leaves everything to the children.

For blended families, this is dangerous.

Graham and Patricia both had adult children from previous marriages. They made mirror wills: everything to each other, then to "our children" (meaning all four children equally) on the second death.

Graham died first. Patricia inherited his entire £520,000 estate.

Three years later, Patricia's relationship with Graham's children deteriorated over a family dispute. She changed her will, leaving everything to her own two children. Graham's children received nothing.

Graham had trusted that "our children" would be treated equally. But once Patricia inherited everything outright, she had absolute control. Graham's trust wasn't legally binding.

Mirror wills work when you're confident your spouse will honor your wishes and your family relationships will remain strong. For blended families, protective trusts provide guarantees that trust alone cannot.

Mistake 3: Assuming "My Children" Includes Stepchildren

We covered this in detail earlier, but it's such a common and costly mistake it bears repeating.

Generic language like "my children," "all my children," or "my kids" means biological and adopted children only under UK law. If you want stepchildren to inherit, name them individually with their full names.

This isn't just an intestacy problem—it applies to wills too. Don't rely on assumptions or implied intentions. Be specific.

Mistake 4: Not Converting Joint Tenancy to Tenants in Common

If you own property as joint tenants and want to use a life interest trust (or leave your share to anyone other than the joint owner), you must convert to tenants in common first.

Many people don't realize their property ownership type. They assume that because they made a will leaving their share of the house to their children, that's what will happen.

But joint tenancy overrides your will through automatic right of survivorship. Your will's instructions are simply ignored.

Check how you own property with the Land Registry. If it says "joint tenants," complete a Form SEV to sever the tenancy. This should be done before you make your will, or at the same time. Your solicitor can handle this, or you can file it yourself with Land Registry for a small fee.

Mistake 5: Not Updating Your Will When Circumstances Change

Wills aren't "set and forget" documents. Major life changes require will updates:

The birth of a grandchild you want to provide for. The death of a beneficiary or executor. A significant change in asset values (property appreciation, inheritance received, business growth). Divorce or separation in the family affecting beneficiaries. Your spouse's remarriage after you separate. Changes in tax law affecting your estate plan.

Review your will annually. Set a calendar reminder for the same date each year. Read through it and ask: does this still reflect my wishes and current circumstances?

For blended families, this is particularly important. Family dynamics can shift. Stepchildren you were close to might drift apart, or relationships might deepen. Your children's financial circumstances might change, affecting what provision they need.

Mistake 6: Trusting Verbal Promises

"Don't worry, darling—I'll make sure your children get half when I die." These reassurances feel comforting. They might even be sincerely meant.

But they're legally worthless.

Verbal promises about inheritance aren't enforceable. Your spouse can change their will at any time, for any reason, with no obligation to explain or justify. They might genuinely intend to keep their promise but face pressure from their own children, develop dementia and be influenced to change their will, remarry and want to provide for a new spouse, or face financial difficulties requiring them to use assets they'd planned to preserve.

Only legal structures enforce inheritance intentions. Life interest trusts. Properly drafted wills with specific bequests. Assets held in trust during your lifetime. Not promises, not understandings, not verbal agreements.

If your spouse promises to "do the right thing" for your children, believe their good intentions—but protect your children with legal safeguards anyway. It's not about distrust; it's about certainty.

Mistake 7: DIY Trusts

Simple wills can be done online safely and effectively. Life interest trusts cannot.

Trust structures require precise legal language. The difference between a valid trust and an invalid one can be a single misplaced word. If you get the trust wording wrong, the entire structure collapses—your assets pass outright to your spouse with no protection for your children.

Trusts also have tax implications that need expert assessment. Inheritance tax treatment of life interest trusts changed in 2006. Proper trust setup requires understanding immediate post-death interest (IPDI) trusts versus other structures.

Trustees have legal obligations and potential liabilities that must be clearly defined. Getting this wrong can expose your trustees to personal financial risk.

If you need a life interest trust or other trust structure, consult a solicitor who specializes in estate planning for blended families. This isn't the place to save money. A £1,500 solicitor fee to set up trusts correctly is vastly cheaper than the £50,000+ in legal costs when a badly drafted DIY trust is contested.

When You Need a Solicitor vs. When an Online Will Works

Not every blended family needs expensive solicitor involvement. But some situations genuinely require specialist legal advice. Here's how to know which category you're in.

WUHLD's Online Will Is Ideal For:

Straightforward second marriages where you want to make standard protective provisions. For example: leaving specific cash bequests to your children from your first marriage, with the remainder to your new spouse. Or splitting your estate in defined percentages between your spouse and children.

Estates under £500,000 with straightforward assets like a house, savings, and personal possessions. If inheritance tax isn't a major concern and your asset structure is simple, an online will provides excellent protection.

Naming guardians and executors for minor children. Appointing guardians is critical for blended families where your spouse isn't the parent of all your children. An online will handles this perfectly.

Expressing specific wishes clearly. If you want to leave specific items to specific people—your mother's wedding ring to your daughter, your tools to your son, your car to your stepson—a straightforward will captures this.

Creating immediate protection now while you plan more sophisticated structures for later. Don't wait months to afford solicitor fees while your family is unprotected. Create a basic will with WUHLD today (£49.99), then add trust provisions when you're ready.

You Likely Need a Solicitor If:

You want to create life interest trusts or other protective trust structures. Trusts require specialist drafting. The cost is typically £500-£2,000 depending on your location and complexity, but it's essential investment for complex blended families.

Your estate exceeds £500,000 with complex inheritance tax implications. The nil-rate band, residence nil-rate band, and interaction between spousal exemption and children's inheritance requires expert tax planning.

You own business interests including shares in private companies, partnerships, or sole trader businesses. Business property relief, succession planning, and business asset protection need specialist advice.

You own agricultural property or farms where agricultural property relief applies. This is a highly technical area with significant tax implications.

Your family has a history of will contests or you anticipate challenges. If relationships are strained and you expect your will to be disputed, solicitor involvement helps ensure it's structured to withstand challenges.

You have dependents with disabilities requiring special needs trusts. These trusts protect means-tested benefits while providing for your disabled child's future. They require expert setup.

You're facing time pressure due to a terminal diagnosis or high-risk medical procedure. Solicitors can often accommodate urgent appointments, and having specialist guidance during a stressful time provides peace of mind.

The Middle Ground: Start Now, Enhance Later

Many blended families benefit from a hybrid approach:

Create a basic will with WUHLD immediately (£49.99 one-time payment). This ensures you're protected right now. If you died tomorrow, your wishes are documented, your children are provided for, your executors are appointed.

Then book a solicitor consultation for trust setup when you can budget for it. Use the time between to gather information: list all your assets, decide on your distribution strategy, identify executors and trustees, consider what provisions each family member needs.

When you meet with the solicitor, you're prepared. The consultation is more efficient, the solicitor can focus on trust structures rather than basic information gathering, and you might save costs.

This approach prevents the most dangerous situation: being remarried with no valid will while you "wait until you can afford" comprehensive estate planning. A basic will now is infinitely better than a perfect plan never implemented.

Cost Comparison

WUHLD online will: £49.99 one-time payment. No subscriptions, no hidden fees. Includes your complete will, 12-page Testator Guide, Witness Guide, and Complete Asset Inventory document.

Solicitor will (straightforward): £350-£650 depending on location and solicitor. For a basic will without trusts but with professional review.

Solicitor will with life interest trust: £500-£2,000+ depending on complexity, asset value, number of properties, and tax planning required.

Solicitor will with multiple trusts and complex tax planning: £2,000-£5,000+ for high-net-worth estates with multiple properties, business interests, and sophisticated structures.

Professional executor fees (if needed): Typically 2-5% of estate value. Some blended families appoint professional executors (solicitors or trust companies) to manage the estate neutrally, avoiding conflicts between family members.

The right choice depends on your specific circumstances. What matters most is having some protection in place—sooner is always better than perfect.

Step-by-Step: Making Your Second Marriage Will

Let's make this concrete. Here's exactly how to create a will after remarriage, whether you're using WUHLD or consulting a solicitor.

Step 1: Take Inventory of Everything You Own

Create a comprehensive list of all your assets:

Property: Your home (and your ownership share percentage if jointly owned), any buy-to-let properties, holiday homes, land, your share of inherited property.

Savings and investments: Bank accounts (sole and joint), ISAs, investment accounts, bonds, crypto holdings.

Pensions: Workplace pensions, private pensions, SIPPS. Note: these don't pass through your will, but you need to know their value and complete nomination forms.

Life insurance: Existing policies and their value. Check who the current beneficiaries are.

Business interests: Shares in private companies, partnership interests, sole trader business assets.

Personal possessions: Vehicles, jewelry, art, collections, family heirlooms. Identify items with significant monetary or sentimental value.

Debts: Outstanding mortgages, loans, credit card balances. These reduce your net estate value.

Determine your total estate value. This tells you whether you're approaching inheritance tax thresholds (currently £325,000 nil-rate band, plus £175,000 residence nil-rate band if leaving your home to direct descendants).

Step 2: Decide Your Distribution Strategy

This is where blended families need careful thought. Consider:

How much to your spouse versus your children? Equal split? More to spouse to maintain their lifestyle? Specific cash amounts to children with remainder to spouse?

Do you want to treat biological children and stepchildren equally? There's no right answer—this is deeply personal. Some people leave equal shares to all children they've raised. Others prioritize biological children. What matters is clarity about your reasoning.

Should any beneficiaries receive their inheritance in trust rather than outright? This might apply to young beneficiaries, vulnerable beneficiaries with addiction or debt issues, or beneficiaries in unstable marriages where you want to protect assets from potential divorce.

Are there specific gifts you want to make? Particular items to particular people, charitable donations, gifts to friends or other family members.

What happens if a beneficiary dies before you? Should their share go to their children (per stirpes distribution), to other beneficiaries, or somewhere else?

Write down your distribution plan in clear terms. This becomes the blueprint for your will.

Step 3: Choose Executors Carefully

For blended families, executor choice is critical. Executors administer your estate, ensure your will is followed, and manage relationships between beneficiaries who might have conflicting interests.

Ideal executor characteristics for blended families:

Impartial—equally acceptable to your spouse and your children from previous relationships. Financially competent—able to handle estate administration, asset valuation, and tax matters. Available and willing—administration takes time and effort. Younger than you—likely to outlive you and be able to serve. Firm but diplomatic—able to make difficult decisions while maintaining family relationships.

Options include:

A neutral family member both sides respect—a sibling, cousin, or adult child who has good relationships with everyone. A trusted friend who knows your wishes and all family members. A professional executor (solicitor or trust company) who brings expertise and neutrality. This costs money (typically 2-5% of estate value) but can be worth it for complex or high-conflict situations. A combination such as your spouse and one of your adult children serving together, or a family member and a solicitor serving jointly.

Appoint at least two executors, and name reserve executors in case your first choices can't serve.

Step 4: Address Guardianship for Minor Children

If you have children under 18 from your current or previous relationship, appointing guardians is essential.

The complexity for blended families:

If you have minor children from your previous relationship and you die while they're still minors, their other biological parent usually assumes full custody (if they're alive and have parental responsibility). Guardianship only applies if both biological parents are deceased.

If you have minor children with your current spouse and you die first, your spouse automatically has full parental responsibility. Guardianship matters if you both die together or your spouse dies shortly after you.

What to specify in your will:

Who should be guardian if both you and the other parent die. This might be different people for children from different relationships. Who should be backup guardians if your first choice can't serve. Any specific wishes about the children's upbringing—religious education, schooling preferences, values you want preserved.

Have honest conversations with potential guardians before naming them in your will. Ensure they're willing and able to take on this responsibility.

Step 5: Check Your Property Ownership Type

If you own property jointly with your spouse and you want your share to pass through your will (rather than automatically to your spouse), you must hold the property as tenants in common.

How to check: Request a copy of your title register from Land Registry (costs £3). Look for the "Proprietorship Register" section. If it says nothing about how you hold the property, you're joint tenants. If it says "No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorized by an order of the court," you're tenants in common.

How to convert if needed: Complete Form SEV (Severance of Joint Tenancy). Both owners must sign. Send it to Land Registry with the fee (currently £40). Once processed, you'll each own a distinct 50% share (or whatever percentage you agree). Your share can now pass through your will, including into a life interest trust.

Do this before or at the same time as making your will. If you make a will with a life interest trust but don't sever the joint tenancy, the trust provisions won't work—the property will still pass automatically to the survivor.

Step 6: Create Your Will

If using WUHLD:

Go to wuhld.com/app/login and create an account. Follow the step-by-step question process, which takes about 15 minutes. Clearly name all beneficiaries with full names—biological children, stepchildren, spouse. Specify exact gifts: "I leave £15,000 to my son James Michael Harrison" or "I leave my share of 42 Elm Street to my children Sarah Louise Harrison and Thomas David Harrison in equal shares."

Preview your complete will free before paying. Check every name, every amount, every bequest. Make sure it reflects your exact wishes. Pay £49.99 to download your will and supporting documents.

If consulting a solicitor:

Book an initial consultation. Bring your asset inventory, your distribution plan, your chosen executors, and any questions about trust structures. The solicitor will draft your will based on your instructions. Review the draft carefully—this is your opportunity to request changes. Attend a signing appointment to execute the will properly.

Whether online or with a solicitor, the result must be the same: a legally valid will that clearly expresses your wishes for your blended family.

Step 7: Sign and Witness Your Will Properly

A will isn't valid until it's properly signed and witnessed. UK law requires:

You must sign the will in the presence of two witnesses. The witnesses must be present at the same time—you can't sign in front of one, then later sign in front of another. Both witnesses must watch you sign (or acknowledge your existing signature). Both witnesses must then sign the will themselves in your presence.

Critical rule for witnesses: Witnesses cannot be beneficiaries of your will, and cannot be married to or in a civil partnership with beneficiaries. If your spouse witnesses your will, their inheritance fails. If your daughter witnesses, her inheritance fails.

Choose witnesses who have no stake in your estate. Neighbors, colleagues, friends who aren't mentioned in your will are all suitable.

Step 8: Store Your Will Safely and Tell People Where It Is

Your will is worthless if no one can find it after you die.

Storage options:

At home in a fireproof safe or secure location. Tell your executors exactly where it is. With your solicitor (if you used one) who will store it free or for a small annual fee. With a will storage company that provides secure storage and registration. With the Probate Service through the National Wills Storage Service (costs around £50).

Whatever you choose, tell your executors where to find your will. Give them specific instructions: "My will is in the fireproof box in my study, top right drawer" not "It's somewhere in the house."

Never store your will in a bank safe deposit box—these can be sealed on death, creating delays in accessing your will.

Step 9: Review Your Will Annually and After Major Life Changes

Set a calendar reminder for the same date each year to review your will. Read through it and ask:

Do the beneficiaries still reflect my wishes? Are all executors still appropriate and willing to serve? Have any beneficiaries or executors died? Have I acquired significant new assets not addressed in the will? Has my relationship with any beneficiaries changed significantly? Have tax laws changed in ways that affect my estate?

Also review after major life events: birth of grandchildren, death of your spouse or a beneficiary, significant inheritance or financial windfall, purchase of property, divorce or remarriage of a child, your own health changes.

For blended families, relationships can shift over time. A will that made sense five years ago might not reflect current family dynamics. Regular reviews ensure your will stays aligned with your wishes.

Frequently Asked Questions

Q: Does remarriage automatically cancel my will?

A: Yes. Under Section 18 of the Wills Act 1837, the moment you marry or enter a civil partnership, any existing will becomes void. The only exception is if the will explicitly states it was made "in contemplation of marriage" to your specific new spouse. This applies whether it's your first marriage or your fifth. Divorce, by contrast, doesn't revoke your will—it only removes your ex-spouse as a beneficiary.

Q: Will my new spouse automatically inherit everything if I die?

A: Not necessarily. If you die without a valid will (intestate), intestacy rules apply. Your spouse inherits the first £322,000 of your estate plus all personal possessions, plus half of anything above £322,000. Your biological or adopted children share the other half. If your estate is worth less than £322,000, your spouse inherits everything and your children receive nothing. Stepchildren receive nothing under intestacy rules regardless of estate value.

Q: Can my new spouse change their will after I die and disinherit my children?

A: Yes, unless you create a life interest trust or other protective mechanism. If your spouse inherits assets outright—whether through intestacy or through a standard will—those assets become theirs absolutely. They can change their will at any time, for any reason. They might remarry and leave everything to a new spouse. They might be influenced by their own children to change their will. Standard "mirror wills" where you leave everything to each other offer no protection after the first death. Only legal structures like life interest trusts create enforceable guarantees.

Q: Do I need to mention my stepchildren specifically in my will?

A: Yes, if you want them to inherit. Under UK law, the term "children" means only biological children or legally adopted children. Generic phrases like "my children," "all my children," or "my kids" do not automatically include stepchildren. Courts interpret will language strictly. If you write "I leave my estate to my children," only your biological and adopted children inherit. You must name stepchildren specifically: "I leave £10,000 to my stepdaughter Jennifer Louise Smith." Even if you raised them for decades, even if they call you Mum or Dad, the law doesn't recognize stepchildren unless you name them individually.

Q: How much does it cost to set up a life interest trust?

A: Life interest trusts require solicitor involvement. Expect to pay £500-£2,000 depending on complexity, asset value, and your location. A simple life interest trust for one property with straightforward beneficiaries might cost £500-£800. More complex arrangements—multiple properties, business interests, tax planning, multiple beneficiaries—can cost £1,500-£2,000 or more. Some people create a basic will first (£49.99 with WUHLD) to ensure they have immediate protection, then add trust provisions later when they can budget for solicitor fees.

Q: What happens if my new spouse and my children can't agree on who should be executor?

A: This is why many people in second marriages appoint a neutral third party as executor. Options include a trusted friend both families respect, an adult child who has good relationships with all family members, or a professional executor such as a solicitor or trust company. Professional executors charge fees (typically 2-5% of estate value), but they bring expertise and impartiality. They can make difficult decisions without accusations of favoritism. For blended families with potential conflict, professional executors often prevent costly disputes that would consume far more than their fees.

Q: Should I tell my children and new spouse about my will?

A: Generally yes, though the level of detail is personal. Explaining your reasoning prevents confusion and hurt feelings after your death. If you've balanced provisions fairly—for example, using a life interest trust so your spouse can live in the house but your children eventually inherit your share—family members are more likely to accept the arrangement if they understand it beforehand. You don't need to disclose exact amounts, but explaining your approach helps. Secrets create suspicion and increase the likelihood of will contests. Transparency builds trust and acceptance.

Q: Can I make a new will before my wedding to avoid the revocation problem?

A: Yes, by including an "in contemplation of marriage" clause naming your specific fiancé or fiancée. This prevents your marriage from revoking the will. However, this keeps your existing beneficiary structure in place. If you're getting remarried, you probably want to change your will to include your new spouse—not just preserve an old will that excludes them. Most people remarrying need a new will that properly balances the interests of their new spouse and their children from previous relationships. The contemplation clause is useful for preserving a will during the engagement period, but you'll likely want a comprehensive new will shortly after marriage anyway.

Q: What if my ex-spouse dies and I become the sole parent of our children—does this change my will needs?

A: Yes, significantly. If you previously relied on your ex-spouse to care for your children if you died, you now need to appoint guardians who would raise your children if you die before they turn 18. This is critical in a second marriage where your current spouse isn't the biological parent of those children. You need to specify whether your current spouse, a family member, or someone else should be guardian. You might also want to adjust financial provisions—children who would have lived with their other parent might now need more support from your estate to maintain their standard of living.

Protecting Everyone You Love

Blending two families is one of life's most hopeful acts—a second chance at love, partnership, and family.

But love doesn't automatically sort out the legal complexities of who inherits what. The Victorian-era law that revokes your will the moment you remarry wasn't designed for modern blended families. Intestacy rules that give stepchildren nothing don't reflect the emotional reality of families where stepparents raised children for decades.

Creating a will that protects everyone you care about isn't about distrust or pessimism. It's about ensuring your love translates into lasting security for all the people who matter to you.

Your action plan:

Act immediately after remarriage. Your old will is void. Every day without a new will exposes your family to intestacy rules that may not reflect your wishes.
Understand the stepchildren reality. UK law doesn't recognize stepchildren automatically. If you want them to inherit, you must name them specifically in your will with their full legal names.
Consider protective structures for estates over £500,000 or complex family situations. Life interest trusts balance caring for your new spouse with guaranteeing your children eventually inherit. Consult a solicitor specializing in blended family estate planning.
Check your property ownership. If you want to use trust structures, you must hold property as "tenants in common," not "joint tenants." This requires filing Form SEV with Land Registry.
Communicate your plan. Tell your new spouse and your children what you're doing and why. Transparency prevents hurt feelings and legal challenges after you're gone.

You can create a legally valid UK will online in about 15 minutes with WUHLD for just £49.99—no subscriptions, no hidden fees, no expensive solicitor appointments for straightforward situations.

Preview your complete will free before paying, making sure it reflects exactly what you want. You'll receive four documents: your will, a 12-page Testator Guide explaining how to sign it properly, a Witness Guide to give to your witnesses, and a Complete Asset Inventory to help you track everything you own.

If your situation requires a life interest trust or other complex provisions, start with a basic WUHLD will today to ensure you're protected right now. Then consult a specialist solicitor to add trust structures when you're ready.

The people you love deserve certainty, not hope. Give them both.

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.

Start creating your will now — it's quick, affordable, and backed by legal experts.

Legal Disclaimer: This article provides general information about UK will requirements for second marriages and blended families, and does not constitute legal advice. For advice specific to your individual situation, please consult a qualified solicitor. WUHLD's online will service is suitable for straightforward UK estates. Complex situations—including estates over £1 million, business interests, agricultural property, or situations requiring life interest trusts or other trust structures—may require professional legal advice. Life interest trusts and other protective trust mechanisms require specialist legal drafting and are not available through WUHLD's online service.

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