Second marriage and children from a first relationship: planning your Will

Second marriages and blended families are part of everyday life. But they can make planning an estate more complicated. Many people want to look after a new husband, wife or civil partner while also making sure children from a first relationship are not left out. Without careful planning, one aim can undermine the other.

The problem with “leave everything to each other”

A common approach for couples is mirror Wills that leave everything to each other, and then to the children. This can work well for a first family. In a blended family it carries a risk.

When the first spouse dies, everything passes to the survivor. The survivor can then change their own Will at any time. They might remarry, fall out with stepchildren, or simply favour their own children. Your children could end up with nothing, even though that was never your intention.

Marriage cancels an earlier Will

GOV.UK explains that getting married cancels any Will you made before, unless the Will was made in expectation of that marriage. You can read more on GOV.UK’s guide to updating a Will. If you made a Will before your second marriage, it may no longer be valid. If you then die without a new Will, the intestacy rules apply. These rules give priority to your spouse and may leave your children with less than you would want.

Stepchildren and the law

Stepchildren do not inherit under the intestacy rules unless they have been legally adopted. If you want to provide for stepchildren, you usually need to say so in a Will.

Ways people plan for blended families

Every family is different. These are some common ideas a professional may discuss with you. They are not recommendations for any one person.

A life interest trust

Your Will can leave your share of the home, or other assets, in a trust. Your spouse can live in the home, or receive income, for the rest of their life. When they die, the asset passes to the people you chose, such as your children. This can help protect your children’s inheritance while giving your spouse security.

Gifts to children now

Some people leave a sum or specific items directly to their children in the Will, with the rest going to their spouse. This makes sure each child receives something when you die.

Owning the home as tenants in common

If you own your home jointly as joint tenants, it usually passes to the survivor automatically, whatever your Will says. Owning it as tenants in common means each of you has a share that you can leave in your Will. This often works hand in hand with a life interest trust.

Separate Wills

You and your spouse do not have to make matching Wills. Separate Wills with different terms may better reflect your different families.

Pensions and life insurance

Pensions and life insurance often sit outside your Will. Many pay out according to a nomination form or a trust. In a second marriage, check:

• who is named on each pension nomination
• whether an ex-spouse is still listed anywhere
• whether life insurance is written in trust, and for whom

From 6 April 2027, many unused pension funds are due to come into Inheritance Tax. This may affect how some families plan, so it is worth reviewing pensions as part of the wider picture.

Inheritance Tax considerations

Gifts between spouses and civil partners are usually free of Inheritance Tax. The residence nil-rate band may apply when a home passes to direct descendants, which GOV.UK says includes stepchildren. How you structure gifts can affect what tax may be due. Tax rules are complex, so take advice for your own situation.

The risk of claims

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can ask the court for financial provision if they feel a Will does not provide for them reasonably. This can include spouses, children and people treated as children of the family. Section 4 of the Act sets a usual time limit of six months from the date of the grant. Clear planning, and sometimes a written explanation of your reasons, may reduce the risk of a dispute.

Talking as a family

Open conversations can help. Your spouse and your children may have different expectations. You do not have to share every detail, but explaining your general approach can reduce surprise and hurt later.

Questions to take to a professional

• Does my current Will still work after my marriage?
• How is our home owned, and does that match our plans?
• Would a life interest trust suit our family?
• How do my pensions and life insurance fit in?
• Could anyone make a claim against my estate?

Where to go from here

Our help articles explain the difference between single and mirror Wills, joint tenants and tenants in common, and what a trust is.

If your family situation is complex, you can read about our estate planning introductions. WillHarbour is an introduction service, not a regulated firm, and does not give legal or tax advice. We aim to introduce you to up to three appropriately qualified firms, which will explain their fees before you decide.