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Blended Family

Also known as: Step-family, Reconstituted Family, Patchwork Family

Definition

A blended family is a household where one or both partners have children from previous relationships, creating a family structure that includes stepchildren, biological children, or both.

In the UK, approximately one in three families are blended families. Under UK intestacy law, stepchildren have no automatic inheritance rights unless legally adopted—making will planning critical for protecting everyone in your family.

What Does Blended Family Mean?

A blended family—also called a step-family or reconstituted family—is a household where at least one partner has children from a previous relationship, whether through remarriage, cohabitation after divorce, or starting a new family after bereavement. Around one in three UK families are blended families, making this one of the most common modern family structures. Blended families can include just stepchildren, biological children from the current relationship, or a mix of both, along with any children born or adopted together.

Under English and Welsh law, blended families face unique estate planning challenges because the Administration of Estates Act 1925 completely excludes stepchildren from intestacy inheritance. If you die without a will, only your spouse and biological or legally adopted children can inherit. Stepchildren receive nothing under intestacy rules, regardless of how long they've been part of your family or how close your relationship. Creating a will is the only way to provide for stepchildren—you must name them explicitly, as generic references to "my children" don't include stepchildren.

Consider Sarah and David, who married in 2019. Sarah has two children from her first marriage (Emma, 16, and James, 14). David has one daughter from a previous relationship (Sophie, 18). They have one child together (Olivia, 4). If David dies without a will, Sarah inherits his entire £450,000 estate. When Sarah later dies, her estate would be divided equally between Emma, James, and Olivia. Sophie—David's biological daughter—receives nothing, because she's only Sarah's stepchild and has no inheritance rights from Sarah under intestacy rules. This demonstrates "sideways disinheritance," where inheritance passes sideways to a spouse, then down to only their children, excluding the deceased's own children from a previous relationship.

The risk extends beyond intestacy. Even with a will, mirror wills (where both partners make identical wills) provide no binding protection. After you die, your surviving spouse can legally change their will at any time, potentially excluding your children entirely. Remarriage, financial pressures, new relationships, or changed family dynamics can all influence these decisions. Solutions like life interest trusts or mutual wills provide stronger legal protections by restricting how assets are distributed after both deaths. Additionally, stepchildren can potentially claim under the Inheritance (Provision for Family and Dependants) Act 1975 as "children of the family" if they were financially dependent on their stepparent or treated as a child of the family, though this requires court proceedings and isn't guaranteed.

Common Questions

"Do stepchildren automatically inherit from their step-parent?" No, stepchildren have no automatic inheritance rights under UK intestacy rules unless they've been legally adopted. If you die without a will, only your spouse and biological or legally adopted children can inherit. To provide for stepchildren, you must create a will naming them specifically.

"What happens to my children from a first marriage if I remarry?" If you die intestate (without a will) after remarrying, your estate goes to your current spouse first. When they die, everything could pass to their own children or a new spouse, leaving your children from your first marriage with nothing—a situation called "sideways disinheritance." A properly structured will prevents this.

"Can my new spouse change their will after I die and cut out my children?" Yes, mirror wills offer no binding protection. Your spouse can revoke or change their will at any time after your death, potentially excluding your children entirely. Solutions like life interest trusts or mutual wills provide stronger protection by legally restricting how assets are distributed after both deaths.

Common Misconceptions

Myth: "My spouse will do the right thing and make sure all the children are looked after"

Reality: While many surviving spouses honor their late partner's wishes, legally there's nothing stopping them from changing their will after you die. Financial pressures, new relationships, family conflicts, or changed circumstances can all influence decisions. If your spouse remarries, their new marriage automatically revokes their existing will. Relying on trust alone rather than legal protections is extremely risky for your children's inheritance.

Myth: "If I treat my stepchildren the same as my biological children, they'll automatically inherit equally"

Reality: UK inheritance law doesn't recognize emotional relationships or parenting roles—it's based purely on legal status. Even if you've raised your stepchild since birth, paid for their education, and consider them your own child, they have zero inheritance rights unless you've legally adopted them or named them explicitly in your will. A will leaving assets to "my children" includes only biological and legally adopted children, regardless of your intentions.

  • Step-child: The individual members of blended families who have no automatic inheritance rights unless explicitly named in a will or legally adopted.
  • Intestacy: The legal rules that apply when someone dies without a will, which completely exclude stepchildren from inheriting.
  • Guardian: The person appointed to care for minor children if both parents die—a complex decision in blended families where stepparents may or may not have parental responsibility.

Need Help with Your Will?

Understanding blended family dynamics is crucial for creating a will that protects both your spouse and all your children. Without proper planning, intestacy rules can exclude stepchildren entirely, or sideways disinheritance can leave your biological children without their rightful inheritance.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.