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Protecting Children from First Marriage

Also known as: Children's Inheritance Protection, First Family Protection

Definition

Protecting children from first marriage refers to legal strategies that ensure children from a previous relationship receive their intended inheritance when a parent remarries, despite automatic will revocation and the risk that a surviving spouse may alter estate plans.

When you remarry after divorce or bereavement, specific legal steps help ensure your children from your first marriage still receive their inheritance—without these protections, your new spouse could inherit everything and your children could be left with nothing.

What Does Protecting Children from First Marriage Mean?

Under English and Welsh law, marriage automatically revokes existing wills under Section 18 of the Wills Act 1837 (unless made in contemplation of that specific marriage). If you remarry without updating your will, intestacy rules favour your new spouse, who receives the first £322,000 of your estate plus half of anything above that threshold. Your children share the remainder—potentially leaving them with minimal or no inheritance if your estate is modest. Approximately one in three UK families include children from previous relationships, making this a widespread concern.

"Sideways disinheritance" poses additional risk. Even with a new will, if you leave everything to your spouse expecting they'll eventually pass it to your children, they can change their will at any time—perhaps after remarrying, developing new relationships, or prioritising their own children. Your spouse has complete legal freedom to alter their will after your death, and your children have no recourse.

Life interest trusts are the most common protection mechanism, allowing your new spouse to benefit from assets during their lifetime while guaranteeing capital eventually passes to your children. Sarah, who owns a £450,000 house from her first marriage, creates a life interest trust allowing her new husband David to live there if she dies first. When David dies or moves out, the house passes to Sarah's children Emma and James—even if David remarries.

Other strategies include changing property ownership from joint tenants to tenants in common, making specific legacy gifts directly to children, and considering prenuptial agreements. Professional advice is essential for estates over £500,000 or involving complex assets.

Common Questions

"What happens to my children's inheritance if I remarry and don't update my will?" Your previous will becomes void under English law. If you die intestate, your new spouse receives the first £322,000 plus half the remainder, while your children share what's left—potentially very little or nothing.

"How does a life interest trust protect children from my first marriage?" It allows your new spouse to benefit from assets during their lifetime while guaranteeing capital eventually passes to your children, preventing your spouse from changing their will later or assets being lost if they remarry.

"Can my new spouse change their will to exclude my children after I die?" Yes, with simple mirror wills your spouse can change their will anytime, leaving everything to their own children, a new partner, or anyone else—this "sideways disinheritance" is why protective trusts are recommended.

Common Misconceptions

Myth: Mirror wills will protect my children's inheritance

Reality: Mirror wills offer no protection. After you die, your spouse can change their will at any time, removing your children entirely. This is completely legal—your children have no recourse. The term "mirror" suggests permanence, but each person retains complete freedom to change their will after the first death.

Myth: My children will automatically inherit something even if I don't update my will

Reality: Under intestacy rules, children only inherit after the spouse receives the first £322,000 plus half the remainder. If your estate is £322,000 or less, your new spouse inherits everything and your children receive nothing. Stepchildren have zero automatic inheritance rights unless legally adopted.

  • Life Interest Trust: Primary protection mechanism allowing your spouse to benefit from assets during their lifetime while preserving capital for your children.
  • Second Marriage: The life event triggering automatic will revocation and creating the need for protective estate planning.
  • Blended Family: Family structure requiring careful balance between new spouse's security and children's inheritance rights.
  • Sideways Disinheritance: Risk where children lose inheritance when surviving spouse remarries or changes their will.
  • Mutual Wills: Legally binding agreement between spouses not to change wills, though inflexible and rarely recommended.

Need Help with Your Will?

Protecting children from your first marriage requires thoughtful estate planning that balances your new spouse's security with your children's inheritance rights. Using specific legal structures like life interest trusts ensures everyone you care about is provided for appropriately.

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.