Second marriages, step-children and blended families are now part of everyday life. But a standard "everything to each other" will can leave children from a first relationship with nothing.
How it goes wrong
Say you and your second husband leave everything to each other, then to "all our children". You die first. Everything passes to him. He's now free to change his will, and he might remarry, which cancels his will completely. Your children's inheritance depends entirely on decisions you'll never see. This is called sideways disinheritance.
Stepchildren also get nothing under the intestacy rules unless they were adopted.
Ways to protect everyone
- Life interest trust: your partner can stay in the home or receive income for life, and your share then passes to your children.
- Tenants in common: owning your home in defined shares means each share can pass under each will.
- Specific gifts to children now, rather than everything later.
- Life insurance in trust for children from a first relationship.
- Pension nominations that match your will.
Getting it right
These wills need care: the balance between partner and children, who the trustees are, and what happens if your partner needs care. It's one of the areas most worth paying for proper advice.
Read a real-life example: the children written out by accident.
Second marriage or step-family? Talk to a specialist about protecting everyone you love.
Frequently asked questions
What is sideways disinheritance?
When everything passes to a surviving partner, who later leaves it to their own children or a new partner. The first person's children end up with nothing, even though that was never the plan.
Can't we just make mirror wills and trust each other?
Mirror wills can be changed by the survivor at any time after the first death. Even with the best intentions, remarriage, pressure from family or care fees can change what happens.
What is a life interest trust?
A trust in your will that lets your partner live in your share of the home or receive income for life, with the capital passing to your children afterwards.
Does remarrying cancel my will?
Yes. In England and Wales, marriage or civil partnership cancels an existing will unless it was made in expectation of that marriage.
Request a call back
Tell us a little about your situation and we'll call you, usually within one working day, to understand what you need. If it would help, we'll then put you in touch with a specialist, such as a solicitor who deals with wills and powers of attorney. We'll always tell you who they are before passing on your details. We don't give advice ourselves, and there's no obligation.