Over 2 million families in the UK are “blended” where there are children from previous marriages or relationships who have come together as one family unit. Navigating any inheritance conflicts within blended families can be complex and an emotionally charged process.
Blended families, which often include stepchildren, half-siblings, and cohabiting partners, do present unique challenges when it comes to the distribution of a deceased person’s estate. Understanding the potential solutions and ways to protect your estate is essential to minimise disputes after you have passed away.
Making Claims
The Inheritance (Provision for Family and Dependants) Act 1975 provides a key mechanism for addressing inheritance disputes, especially in blended families. Under this Act, certain individuals, including spouses, civil partners, children, and those treated as children of the family, can apply to the court for financial provision if the deceased’s will or intestacy rules fail to make “reasonable financial provision” for them. The court has broad powers to make orders, such as lump sum payments, property transfers, or settlements, to ensure fairness among beneficiaries.
Fairness Between Biological and Stepchildren
Blended families often face disputes over the interpretation of wills or, where there is no will, if the application of the intestacy rules seems unfair. For example, if a will favours the deceased’s biological children over stepchildren, or if a will leaves the estate to the surviving spouse’s children. Your will could be drafted to inadvertently disregard the first spouse’s children from inheritance entirely.
The intestacy rules apply where a person dies without leaving a valid Will. These rules determine how the estate is distributed among surviving relatives, based on a strict order of priority and only apply to biological or adopted children, not to stepchildren.
Therefore, it is important to ensure you seek specialist legal advice on your blended family, draft a valid Will, and consider the use of trusts to ensure that your respective children will inherit, despite who passes away first.
Seek Legal Advice With Howell Jones
To minimise inheritance conflicts, you should consider proactive estate planning and seek assistance with clear and comprehensive wills. At Howell Jones, we can advise on the complexities of blended family dynamics, suggest the use of trusts in your will, and reduce the likelihood of disputes.
In conclusion, proactive planning can help mitigate disputes. By understanding these tools and seeking professional advice, blended families can work towards fair and equitable outcomes for all parties involved.
With our Surrey solicitors at Howell Jones, expert help is just a conversation away. For professional wills advice, contact one of our friendly Wills & Probate team today on 0800 011 9813.
