Essex is a place with a range of different family types and structures where people from all different backgrounds work together to build the community we all love.

Blended families, families made up of previously married people and their children, are increasingly common part of our society.

While Wills are important for everyone, the rules of intestacy, the law that applies when a person dies without a Will, does not place much consideration on blended families.

We want to highlight the unique challenges faced by blended families and how to create a Will that protects your family, whatever their history.

Why are blended families at risk from intestacy laws?

Intestacy laws divide a person’s estate down preset lines with no scope for considering the wishes of the deceased.

If you are legally married or in a civil partnership, then the rules of intestacy will consider that new relationship to be valid as a partner takes priority in intestacy.

If you have no children or other descendants, then your partner will inherit your entire estate, provided your marriage or civil partnership is still active at the time of your death.

Should you have any children, they may be in line for inheritance, but your partner is given greater priority.

Divorced partners do not factor into the law of intestacy, and neither do cohabiting couples.

In some blended families, particularly where people may be older, the couple do not get married.

If you are not married, then your stepchildren or step grandchildren will be ignored by the laws of intestacy.

This is true regardless of whether you have spent more or the same amount of time with them as your biological children and grandchildren.

Marriage is not the right fit for every couple, so we need to consider an alternative to protect these descendants.

What needs to be included in Wills to protect blended families?

Creating a Will that outlines your wishes is a vital first step in protecting your family.

You need to divide your assets fairly between those you leave behind and in a way that aligns with your wishes.

However, disputes can still arise when executing a person’s will.

We would recommend including in terrorem clauses, or anti-contest clauses, in your Will.

These can squash any potential disputes before they arise, which may be useful for blended families where there is an increased chance of complicated family history and dynamics.

At Palmers, we believe in empowering the community to secure the best possible future for their families.

If you need help constructing a Will that will perfectly outline your wishes, then come and speak to us.

Don’t leave your blended family vulnerable to intestacy laws. Speak to our team today!