Estate Planning Tips For Blended Families

Estate planning can be challenging under any circumstances, but when you have a blended family, it can become even more complex. With multiple sets of children, previous marriages, and potentially different priorities, making sure everyone is provided for and no one feels left out requires careful thought and consideration. Here’s what you need to know to navigate estate planning for blended families effectively.

What is a Blended Family?

In today’s world, families come in all shapes and sizes. A blended family typically involves a marriage where one or both partners have children from previous relationships. It can take many forms, including:

- A divorcee with kids marrying another divorcee with kids

- Someone with children marrying someone without children

- A widower with children remarrying

These family structures can add complexity to estate planning because you’re trying to balance the needs and expectations of multiple parties.

Potential Challenges in Estate Planning for Blended Families

One major challenge is ensuring that children from previous relationships feel fairly treated when it comes to the distribution of assets. This can become particularly tricky if the estate is not large enough to comfortably provide for everyone.

For example, you may intend for your assets to pass first to your surviving spouse and then to your children. However, after your passing, relationships can change. There’s always a risk that the surviving spouse’s relationship with your children might deteriorate, potentially leading to your children being excluded from the Will.

One solution to consider is creating mutual Wills. These are legally binding agreements between you and your spouse that prevent the surviving partner from changing the terms of the Will after one of you passes away.

However, there are important considerations:

- Mutual Wills require clear evidence of intent: It’s not enough to simply have two similar Wills; there must be a legally binding agreement.

- Regular reviews are essential: As circumstances change, your Wills may need to be updated. This should be done with the consent of both parties.

- Professional legal advice is crucial: To ensure the Wills are legally sound and free of ambiguities that could lead to disputes, working with an experienced estate planning lawyer is recommended.

Using Life Interest Trusts

Another common strategy for blended families is using a ‘life interest’ trust. This is often used when dealing with the family home. Under this arrangement, the surviving spouse is allowed to live in the home for the rest of their life, after which ownership passes to the children.

While this can provide security for the surviving spouse, it also raises questions, such as:

- Who will maintain the property? The children who own the property but don’t live in it, or the spouse who lives in it but doesn’t own it?
- Are there tax or social security implications? Understanding the financial impact is essential to avoid unintended consequences.

Estate planning for blended families is undoubtedly more complicated, but with careful planning and the right advice, you can create a plan that provides for everyone and maintains family harmony. Consulting with an estate planning lawyer can help you navigate the complexities and ensure that your wishes are clearly documented and legally binding.

Book a complimentary call with the Life Sumo team to get personalised advice for your circumstances.

This provides general educational information only. The content does not take into account your personal objectives, financial situation, or needs. You should consider taking financial advice tailored to your personal circumstances. Life Sumo (Orion Enterprises (Cairns) Pty Ltd) has representatives that are authorised to provide personal financial advice.