Let’s talk legal... Wills when you have children from a previous relationship

By Evolve Family Law

Writing a Will is important whatever your family situation, but it is vital if you have children from a previous relationship. A Will can protect your new partner or spouse, your children from a prior relationship and any additional children you have with your partner.

You need a Will even if your children from previous relationships are now adults. You cannot rely on the intestacy rules to fairly sort out who receives a share of your estate. The intestacy rules don’t normally leave your estate in the way you would have chosen had you made a Will.

Will decision-making

It can be hard to make Will decisions when you have children from more than one relationship or when your partner’s needs compete with your adult children’s expectations. The complexity of the decision-making highlights how much you need a Will. A Will solicitor can outline your options to help you decide what to include in your Will.

Statutory intestacy rules

The intestacy rules govern who gets your assets if you die without making a Will. The intestacy rules:

1. Ignore unmarried partners, even if you were living together for over 20 years.

2. Give second spouses the same share of your estate, whether you were married for months or many years.

3. Give all your children the same amount from your estate, as the intestacy rules don’t distinguish between young children and financially independent adult children.

There is no finesse to the intestacy rules. The rules won’t be adapted to your family circumstances and therefore can create injustice and hardship.

Protecting your partner

An unmarried partner won’t receive a share of your estate or be allowed to continue living in your home after you pass away. A Will can protect your partner and reduce the risk of them suing your estate for financial provision. Suing your estate means stress and potential personal liability for costs for the administrator sorting out your financial affairs.

Leaving assets outright to a new partner or second spouse

Leaving the family home to your new partner may feel like a step too far if the relationship is relatively new or if children from a prior relationship have not been able to buy a home for themselves and your grandchildren.

If you leave all your estate or your house to a new partner in your Will, there is no guarantee that your partner will follow your wishes and leave the inherited property to your children. They may remarry, so their Will won’t take effect as you anticipated, make a new Will or spend all the inherited funds.

Trusts and Wills

Protecting a partner, second spouse, and your children can be achieved by including a life interest trust, right of occupation or a discretionary trust in your Will.

A Will solicitor can advise on estate planning and how a Will trust can help you juggle the needs of a partner or second spouse and your children.