Discreet · Secure
020 8064 1999 Book a Consultation
Fairchild Oldfield Fairchild Oldfield Estate Planning · Limited
Book a Consultation

Wills & Estate Planning

Wills for Blended and Second Families

A will lets a blended family decide who inherits, rather than leaving a second spouse and children from an earlier relationship to the default rules.

10 min read · Written by the Fairchild Oldfield team · Last reviewed: July 2026

Cancelled
In England and Wales, getting married or entering a civil partnership generally cancels any will made before it, so a will made before remarriage often no longer stands.
Source: gov.uk, updating your will, as at July 2026, subject to change.

A blended family will is simply a will written for a household that includes a second spouse or partner and children from an earlier relationship. It sets out how to provide for a current partner while still passing something to those children, which the default rules rarely do in the way people expect.

Blended families face a specific tension. Many people want their current spouse to be secure for life, yet also want their own children to inherit eventually. Leave everything to a new spouse outright and those children may receive nothing; leave everything to the children and the spouse may be left without a home. This guide explains the options many people weigh, how the rules treat stepchildren, and where it can be worth taking advice. It sits alongside our estate planning guide. Figures are current as at July 2026 and are subject to change.

Why blended families need a will

A will matters more, not less, once a family has been through remarriage. Getting married or entering a civil partnership generally cancels a will made before it, so an older will can quietly stop having effect (gov.uk, updating your will, as at July 2026, subject to change). Without a valid will, the intestacy rules decide who inherits, and those rules were not designed with blended families in mind.

  • Remarriage resets the position. A pre-marriage will is generally cancelled by the marriage itself.
  • Stepchildren are not automatic heirs. Intestacy does not treat stepchildren as your children unless you have adopted them.
  • Competing claims are common. A second spouse and children from a first relationship can have very different expectations.
  • A plan reduces disputes. Clear provision, written down, tends to lower the risk of a contested estate.

What happens if a blended family has no will

The intestacy rules take over, and they favour marriage and bloodline over the reality of a blended household. A surviving husband, wife or civil partner receives a fixed sum set in law, known as the statutory legacy, plus a share of the rest, with the remainder passing to the deceased's own children (gov.uk, who inherits without a will, as at July 2026, subject to change). An unmarried partner receives nothing under those rules, and stepchildren who were never adopted are not counted as children.

For a blended family that can produce results almost no one intends: a long-term unmarried partner left out entirely, or a second spouse and the deceased's children forced to share an estate neither side is happy with. A will replaces this default with a plan of your own.

Weighing the routes

The main options for a blended family

There is no single correct structure. The right approach depends on how much you want to secure for a current partner, how much you want to preserve for your own children, and how much control matters to you. Broadly, families in this position tend to weigh three routes, often in combination, and many discuss the choice with a qualified professional before deciding.

ApproachWhat it doesCommon trade-off
Outright gift to spouseLeaves assets to the surviving spouse absolutelySpouse is secure, but your own children rely on the spouse's own will later
Gifts split between spouse and childrenDivides the estate now, some to spouse, some to childrenChildren inherit sooner, but the spouse receives less to live on
Life interest trustSpouse benefits for life; capital passes to your children afterwardsMore secure for both sides, but more complex to set up and run

General information on will structures. For how a will is drafted, see our guide on How to Write a Will.

A frequent worry

Both sides

The recurring blended-family question is how to look after a current spouse and your own children at the same time. A life interest trust is one option some consider precisely because it tries to hold both in balance, though it is not right for everyone.

How a life interest trust can help

A life interest trust lets a surviving spouse benefit from an asset for the rest of their life, while the underlying capital is preserved for chosen beneficiaries, often the children of an earlier relationship. A common form is a property trust: the survivor can live in the home for life, and when their interest ends the home passes to your children. Trustees hold the asset, so it is not simply the survivor's to give away.

This structure appeals to blended families because it can provide for a partner without disinheriting your own children, and it can put some distance between the asset and events after your death, such as the survivor remarrying or making a later will that leaves out your children. It is more involved than a straightforward gift, carries its own tax treatment, and is one option some consider with advice rather than a default choice. Our note on protective property trusts looks at the property version in more detail.

A life interest trust tries to answer one blended-family question: how do I house my partner for life without cutting my children out of what follows?

Mirror wills and their limits for blended families

Couples often start with mirror wills, two near-identical wills that leave everything to each other and then to the same beneficiaries. They are simple and inexpensive, and they suit many couples well. For a blended family, though, they carry a specific risk worth understanding before relying on them.

Mirror wills are not binding on the survivor. After the first death, the survivor can generally make a new will, remarry (which cancels the existing will), or spend the assets, so children from the first relationship have no guarantee of inheriting (gov.uk, updating your will, as at July 2026, subject to change). Because of this, some blended families look beyond mirror wills to a trust-based structure. Our guide to mirror wills explains how they work and where they fall short.

Getting it in order

Providing for stepchildren

I

Name them expressly

Stepchildren do not inherit automatically under intestacy, so a will needs to name them if you want them to benefit. Source: gov.uk, as at July 2026, subject to change.

II

Decide the shares

Set out how much passes to a spouse, to your own children, and to stepchildren, and whether any of it is held in trust.

III

Choose executors carefully

In a blended family, a neutral executor can reduce friction between sides who may not fully trust one another.

IV

Review after changes

Revisit the will after any marriage, separation, birth or death, since these can change or cancel it entirely.

Inheritance tax and the family home

Inheritance tax treats a second spouse the same as any spouse: transfers between husband, wife or civil partner are generally exempt, and unused allowances can pass to the survivor (gov.uk, as at July 2026, subject to change). The nil-rate band is £325,000 per person, with an extra residence nil-rate band of up to £175,000 where a home passes to direct descendants, taking one person's threshold to £500,000 (gov.uk, passing on a home, as at July 2026, subject to change).

For blended families there is a helpful detail: the residence nil-rate band counts stepchildren as descendants. It applies where a home is left to children, "including adopted, foster or stepchildren", or grandchildren (gov.uk, passing on a home, as at July 2026, subject to change). The extra band tapers away where the estate exceeds £2,000,000, reducing by £1 for every £2 above that figure (gov.uk, as at July 2026, subject to change). A life interest trust can interact with these rules in ways worth checking with an adviser, since the tax follows the detail.

A worked example (illustration only). David has remarried. He owns a home worth £400,000 and savings of £150,000, so £550,000 in total. He wants his wife Susan secure for life and his two children from his first marriage to inherit afterwards. His will leaves Susan a life interest in the home, with the property passing to his children when that interest ends. The gift to Susan is generally spouse-exempt on David's death, so no inheritance tax arises then (gov.uk, as at July 2026, subject to change). His £325,000 nil-rate band and, because the home is ultimately destined for his children, potentially the £175,000 residence nil-rate band remain relevant to the later position (gov.uk, as at July 2026, subject to change). Change the figures, the trust terms or the family, and the outcome changes, so this is general information rather than a calculation for any real estate.

Blended families in Scotland and Northern Ireland

This guide describes the law of England and Wales. Scotland differs in a way that matters for blended families: it has legal rights that can entitle a spouse or civil partner and children to a fixed share of certain assets, which cannot simply be written out by a will, and it uses confirmation rather than a grant of probate. Northern Ireland has its own system, broadly similar to England and Wales but not identical. Inheritance tax, by contrast, is UK-wide (gov.uk, as at July 2026, subject to change). Where a family or its assets span more than one UK nation, it can be worth taking advice in each.

Frequently asked questions

Does getting remarried cancel my existing will?

Generally yes in England and Wales. Getting married or entering a civil partnership usually cancels a will made beforehand, so a will written before remarriage often no longer stands (gov.uk, as at July 2026, subject to change). Many people make a new will after remarrying. It is possible in some cases to make a will in contemplation of a specific marriage, which a solicitor can advise on.

Will my stepchildren inherit if I do not name them?

Not under the intestacy rules. Stepchildren you have not legally adopted are not treated as your children if you die without a will, so they would not inherit automatically (gov.uk, as at July 2026, subject to change). If you want stepchildren to benefit, many people choose to name them expressly in a will and set out what each should receive.

How can I provide for my new spouse and my own children?

This is the central blended-family question, and there is no single answer. Some people split the estate directly; others use a life interest trust, where a spouse benefits for life and the capital later passes to their own children. Each route has trade-offs around security, control and tax, so it can be worth discussing the options with a qualified professional before deciding.

Are mirror wills enough for a blended family?

Sometimes, but they carry a specific risk. Mirror wills are not binding, so after the first death the survivor can change their will, remarry (which cancels it) or spend the assets, leaving children from an earlier relationship with no guarantee (gov.uk, as at July 2026, subject to change). Many blended families weigh a trust-based structure alongside mirror wills for this reason.

Can someone challenge a blended-family will?

It is possible. Certain people, including a spouse, former spouse or a child, may be able to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (legislation.gov.uk, as at July 2026) where they feel a will did not make reasonable provision. Clear drafting and, in some cases, a written note of reasons can help, and it is one area where advice is often taken.

Does the residence nil-rate band apply to stepchildren?

Yes, where the conditions are met. The residence nil-rate band, of up to £175,000, can apply where a home passes to children, including stepchildren, adopted or foster children, or to grandchildren (gov.uk, passing on a home, as at July 2026, subject to change). It tapers away where the estate is worth more than £2,000,000, so larger estates may see it reduced.

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 July 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.

Planning for a blended family

Wills, trusts and tax, considered together with one point of contact.

Book a Free Consultation