Many parents assume that their children will automatically inherit their assets after they die. However, where a parent remarries later in life, inheritance can become far more complicated than many people realise.
Blended families are increasingly common throughout England and Wales. Second marriages often bring together spouses, children from previous relationships, stepchildren and wider family members, all of whom may have different expectations about inheritance.
Without careful estate planning, assets can pass in ways that were never intended. In some circumstances, children may receive significantly less than expected or may not inherit at all.
Understanding how remarriage affects Wills and inheritance can help families avoid uncertainty, disputes and costly legal proceedings in the future.
Quick Answer: Can Children Be Disinherited After a Parent Remarries?
Potentially, yes.
Remarriage can have a significant impact on an existing Will and on how assets are ultimately distributed after death.
This does not necessarily mean that a parent intended to exclude their children. Often, issues arise because estate planning documents were not updated, circumstances changed over time, or assets passed to a surviving spouse without additional protections being put in place.
The good news is that there are a number of legal options available to help protect both a spouse and children from a previous relationship.
Why Inheritance Issues Often Arise in Blended Families
Many people entering a second marriage have two important objectives:
- Ensuring that their spouse is financially secure.
- *Preserving an inheritance for their children.
Both goals are understandable. However, achieving both requires careful planning.
A common arrangement is for a husband or wife to leave their entire estate to their surviving spouse, with the expectation that any remaining assets will eventually pass to their children.
Whilst this may appear straightforward, circumstances can change significantly following the first death.
The surviving spouse may:
- Make a new Will.
- Remarry.
- Require additional funds for care fees or living expenses.
- Sell or transfer assets during their lifetime.
- Experience changes in family relationships.
As a result, the children may ultimately inherit less than originally anticipated, or in some cases nothing at all.
Does Marriage Affect an Existing Will?
One of the most important aspects of succession law in England and Wales is that marriage or civil partnership generally revokes an existing Will unless that Will was specifically drafted in contemplation of that marriage or civil partnership.
Many people are unaware of this rule.
For example, an individual may prepare a Will leaving assets to their children and later remarry. If a new Will is not prepared following the marriage, the previous Will may no longer be valid.
This can create significant complications and may result in assets passing under the intestacy rules rather than in accordance with the individual’s wishes.
For this reason alone, it is sensible to review your Will whenever your personal circumstances change.
What Happens If There Is No Valid Will?
Where there is no valid Will, the estate will generally be distributed in accordance with the intestacy rules applicable in England and Wales.
The intestacy rules do not take account of personal wishes, family dynamics or verbal promises that may have been made during a person’s lifetime.
This can be particularly problematic where:
- There are children from previous relationships.
- A couple are in a second marriage.
- Stepchildren are involved.
- There are family businesses or significant assets.
- Relationships within the family are complex.
The outcome under the intestacy rules will depend on the deceased’s family circumstances and the law in force at the date of death.
A properly drafted Will allows you to decide who should benefit from your estate rather than leaving those decisions to statutory rules.
What Happens If My Parent Leaves Everything to Their New Spouse?
This is one of the most common concerns raised by adult children following a parent’s remarriage.
Many parents leave their estate to their surviving spouse believing that the spouse will later ensure that the children inherit.
In many cases, this works exactly as intended. However, the law does not generally require a surviving spouse to leave assets to stepchildren or children from a previous relationship.
Once assets pass to a surviving spouse, those assets will usually become part of that spouse’s own estate. The surviving spouse may then make a new Will, spend assets during their lifetime, make gifts or leave their estate to different beneficiaries.
For this reason, many blended families seek legal advice regarding trust arrangements and other estate planning options designed to balance the interests of both spouses and children.
Can Children Be Excluded From an Inheritance?
In some circumstances, yes.
The law in England and Wales generally recognises the principle of testamentary freedom, meaning that individuals can usually decide how their estate should be distributed after death.
However, this principle is subject to certain exceptions, including potential claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Where assets pass entirely to a surviving spouse, those assets will usually become the spouse’s property.
The surviving spouse may then be free to make different decisions about their own estate planning in the future.
This is one reason why many parents seek legal advice about protecting assets for children from previous relationships whilst still providing for a spouse.
What Happens to the Family Home After Remarriage?
The family home is often the most valuable asset in an estate and can be the source of significant concern within blended families.
Parents frequently want their surviving spouse to remain living in the property while also ensuring that their children eventually receive a share of its value.
Without appropriate planning, the surviving spouse may inherit the property outright and become free to deal with it as they choose.
Depending on future circumstances, the property could be sold, transferred or left to different beneficiaries.
Careful estate planning can help address these concerns and provide greater certainty regarding the future ownership of the family home.
What Is a Life Interest Trust and How Does It Work?
Life Interest Trusts are among the most commonly used estate planning tools for blended families.
In simple terms, a Life Interest Trust can allow a surviving spouse or civil partner to continue benefiting from assets during their lifetime whilst preserving the underlying capital for children or other beneficiaries after the spouse’s death.
For example, a trust may allow a surviving spouse to continue living in a property for the remainder of their lifetime whilst ensuring that the property ultimately passes to the deceased’s children.
Such arrangements can provide financial security for a surviving spouse whilst helping to protect an inheritance for future generations.
Trust planning can be complex and professional legal and tax advice should always be obtained before deciding whether a trust is suitable for your circumstances.
How Can Parents Protect Their Children’s Inheritance?
The most suitable solution will depend on individual circumstances, family dynamics and the nature of the assets involved.
However, several options may be considered.
Professionally Drafted Wills
A professionally drafted Will remains the foundation of effective estate planning.
A carefully prepared Will can help ensure that assets pass in accordance with your wishes and reduce the likelihood of misunderstandings after death.
Life Interest Trusts
Life Interest Trusts can be particularly valuable for blended families where both a spouse and children need to be protected.
Regular Estate Planning Reviews
Estate planning should not be viewed as a one-off exercise.
Wills should be reviewed whenever there is a significant change in circumstances, including:
- Marriage
- Civil partnership
- Remarriage
- Divorce
- Dissolution of a civil partnership
- Separation
- Birth of children or grandchildren
- Acquisition of significant assets
- Changes in tax legislation
Regular reviews help ensure that your wishes continue to be reflected accurately.
Can Adult Children Challenge a Will?
Potentially.
In certain circumstances, adult children may be able to bring a claim against an estate under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe reasonable financial provision has not been made for them.
Such claims are highly fact-specific and depend on a range of factors, including:
- The financial position and needs of the parties
- The size and nature of the estate
- The relationship between the deceased and the applicant
- The needs of other beneficiaries
- Any other relevant circumstances considered by the court
The outcome of any claim will depend upon the individual facts and evidence available. There is no guarantee that a claim will succeed.
Can Stepchildren Inherit From a Stepparent?
This is another common question in blended families.
Stepchildren do not automatically inherit under the intestacy rules simply because they are stepchildren.
Whether a stepchild inherits will depend on a range of factors, including:
- Whether there is a valid Will
- The terms of the Will
- Whether the stepchild was legally adopted
- Whether any claim can be made under the Inheritance (Provision for Family and Dependants) Act 1975
- The specific circumstances of the family
This highlights the importance of ensuring that estate planning documents clearly reflect your wishes.
Other Reasons Why Wills May Be Challenged
Inheritance disputes do not always arise because somebody is unhappy with the distribution of an estate.
Concerns can also arise regarding the validity of the Will itself.
Lack of Capacity
The individual making the Will must have the necessary testamentary capacity.
Undue Influence
Questions can arise if a person is pressured into making a Will that does not reflect their true wishes.
Errors in Execution
Strict legal requirements apply to the signing and witnessing of Wills.
Failure to comply with these requirements may affect the validity of a Will.
Frequently Asked Questions
1. Does remarriage automatically mean my children will not inherit?
No. However, remarriage can affect existing estate planning arrangements and it is important to review your Will.
2. Can a surviving spouse change their Will after inheriting?
Often, yes. In many cases a surviving spouse remains free to alter their estate planning arrangements.
3. Does marriage cancel a Will?
Marriage or civil partnership will generally revoke an existing Will unless it was made in contemplation of that marriage or civil partnership.
4. Can stepchildren challenge a Will?
Potentially. This will depend on the circumstances and whether a legal basis exists for bringing a claim.
5. What happens if there is no Will?
The estate will generally be distributed according to the intestacy rules rather than the deceased’s wishes.
6. Can children force a parent to leave them money?
Generally speaking, parents are free to decide who should benefit from their estate, subject to certain legal exceptions.
7. What is the best way to protect children after remarriage?
The most appropriate solution will depend on the family’s circumstances, but professionally drafted Wills and trust arrangements are often considered.
Final Thoughts
Remarriage is an exciting new chapter in life, but it is also an important time to review your estate planning arrangements.
Many inheritance disputes arise because Wills were not updated or because appropriate protections were not put in place at the right time.
Taking advice early can help ensure that both your spouse and your children are provided for in accordance with your wishes and can significantly reduce the risk of future disputes.
Need Advice About Wills, Probate or Estate Planning?
At The Legal Practice Solicitors, we advise individuals and families on a wide range of private client matters, including:
- Wills
- Probate and Estate Administration
- Lasting Powers of Attorney
- Trusts
- Estate Planning
- Inheritance Disputes
For further information or to arrange a consultation, please contact Jasvir Patel, Consultant Private Client Solicitor, at jpatel@thelegalpractice.co.uk or email tlp@thelegalpractice.co.uk.
Disclaimer
This article is provided for general information only and reflects the law of England and Wales as at the date of publication. It does not constitute legal advice and should not be relied upon as a substitute for obtaining advice on your specific circumstances.
