Protecting Children From a Previous Relationship: Wills UK

What happens to your children if you do nothing?

If you die without a valid will, the intestacy rules put a new spouse ahead of your children: your spouse takes the first £322,000 (the statutory legacy) plus half of the rest, leaving the children only the other half (gov.uk, as at August 2026, subject to change). Marriage also revokes any earlier will automatically under section 18 of the Wills Act 1837, so an old will you assume still protects your children may already be void.

What is sideways disinheritance?

Sideways disinheritance is when assets you leave outright to a new spouse later pass to their side of the family instead of your children. A plain "everything to my spouse, then to the children" will does not prevent it: once your spouse owns those assets, the law lets them do as they wish.

A surviving spouse can lawfully rewrite their will for their own children, remarry (which revokes it again), or spend the estate, and your children have no claim over money given away outright. A trust closes the gap: it separates the right to benefit from an asset now from ownership of the capital later, so your spouse is provided for without owning what you set aside for your children.

Which will structure actually protects your children?

The structure you choose decides whether your children are protected or exposed. An outright gift to a new spouse offers no protection, because the assets become theirs to spend or leave elsewhere. A life interest trust or a discretionary trust ringfences the capital for your children while still providing for your spouse, and a direct gift gives the children their share at once. The comparison below sets out what each option delivers.

Will structure	New spouse gets	Your children get	Protection level
Everything outright to spouse	Full ownership of all assets	Only what the spouse chooses to leave them later	None
Life interest (property protection) trust	Right to live in the home and receive income for life	The capital when the spouse dies, moves out or remarries	Strong
Discretionary trust	Payments at the trustees' discretion, guided by your letter of wishes	A protected share, with flexibility over timing	Strong and flexible
Direct gift to children on your death	Nothing	Their share immediately	Full, but no provision for spouse

Will structure

New spouse gets

Your children get

Protection level

Everything outright to spouse

Full ownership of all assets

Only what the spouse chooses to leave them later

None

Life interest (property protection) trust

Right to live in the home and receive income for life

The capital when the spouse dies, moves out or remarries

Strong

Discretionary trust

Payments at the trustees' discretion, guided by your letter of wishes

A protected share, with flexibility over timing

Strong and flexible

Direct gift to children on your death

Nothing

Their share immediately

Full, but no provision for spouse

General options only, depending on your circumstances. This is information, not a recommendation.

How does a life interest trust work in practice?

A life interest trust (or property protection trust) lets your surviving spouse live in your share of the home for life, then passes that share to your children. It is the most widely used tool here, and usually needs the home owned as tenants in common.

Sever the joint tenancy. Change ownership from joint tenants to tenants in common, so each of you owns a distinct share (typically half) to leave in your own will, not passing automatically to the survivor.

Write the trust into your will. Your will places your share into a life interest trust on death, instead of giving it to your spouse outright.

Your spouse keeps a home. They can live in the property, or take income from your share, for life or until they move out or remarry, on the terms you set.

Your children inherit the capital. When that right ends, your share passes to your named children, whatever your spouse has done with their own share.

Name your children in full, with dates of birth, so there is no doubt who is included. A letter of wishes guides your trustees, and an impartial trustee reduces friction between the two sides.

How does this affect inheritance tax?

A life interest trust for your spouse does not create an inheritance tax bill on your death: the spouse exemption still applies where they hold the life interest. Inheritance tax is charged at 40% only above the available thresholds (gov.uk, as at August 2026, subject to change). The allowances below decide how much reaches your children.

Allowance or rate	Level (August 2026)
Nil-rate band	£325,000
Residence nil-rate band	Up to £175,000
Single person with home to children	Up to £500,000
Married couple / civil partners	Up to £1,000,000
Standard rate	40% (36% if 10%+ left to charity)

Allowance or rate

Level (August 2026)

Nil-rate band

£325,000

Residence nil-rate band

Up to £175,000

Single person with home to children

Up to £500,000

Married couple / civil partners

Up to £1,000,000

Standard rate

40% (36% if 10%+ left to charity)

Source: gov.uk/inheritance-tax. Thresholds are frozen until 5 April 2031 (extended at Budget 2025), and the residence band is withdrawn by £1 for every £2 an estate exceeds £2,000,000. Subject to change.

One point catches blended families out: the residence nil-rate band (up to £175,000) applies only where the home passes to direct descendants, which includes your children and stepchildren but generally not a new spouse's wider family (gov.uk). Directing your share to your children through a trust helps keep that relief in play, and keeps the estate harder to challenge. Because this is technical, many people take advice.

Frequently asked questions

Common questions from blended families about wills, remarriage and protecting children from a previous relationship in England and Wales, answered briefly below and current as at August 2026, subject to change.

Does getting married cancel my existing will?

Yes. Under section 18 of the Wills Act 1837, marriage or a civil partnership automatically revokes any earlier will in England and Wales, unless it was made in contemplation of that marriage. Without a new will, the intestacy rules place your new spouse ahead of your children.

Should I own my home as tenants in common?

For most blended families, yes. As joint tenants, your share passes automatically to the co-owner on death, outside your will. As tenants in common, you each own a distinct share you can direct into a trust for your children. Severing a joint tenancy is a straightforward step.

Can a child left out of a will make a claim?

A child can apply under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision, usually within six months of the grant of probate. Success is not guaranteed and depends on their circumstances. Providing for children through a trust, rather than excluding them, tends to reduce the risk.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at August 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

Protecting Children From a Previous Relationship in Your Will