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If your family does not have a traditional structure, you need to have a clear understanding of how inheritance will work.

Where there are cohabiting partners, new spouses, same-sex relationships, children from a former relationship, or blended families, the law can be complex. It is crucial to ensure you have the right Will in place to provide for your loved ones when the time comes, and to avoid any future misunderstandings or disagreements.

What happens if you don’t have a Will?

If someone dies without leaving a Will, the Rules of Intestacy apply. These state that a spouse or civil partner will inherit the deceased’s personal possessions, plus the first £322,000 of their net estate. The balance is split in half, with the spouse or civil partner receiving one half and any children sharing the other half between them.

As a result, children may end up receiving much less than intended, and the surviving spouse or civil partner may also face financial difficulties especially if the estate includes the family home or other important assets. These issues can be even harder for modern or blended families, where financial needs and relationships can be more complicated.

Another major problem with the Rules of Intestacy is that cohabiting partners and stepchildren are not entitled to anything. If they need financial support, they would need to make a legal claim against your estate. This can be expensive, both for them and for your estate, and can result in a bad atmosphere amongst family members.

If you want to provide for a cohabiting partner or other family members, it is crucial that you take the right legal advice and make a Will.

Sideways disinheritance

The risk of sideways disinheritance occurs when an estate is left outright to a spouse or partner. They might remarry in the future, or decide to leave everything to someone else, and not to your children, even if you intended this to happen. If they die before their new spouse, the new spouse could leave everything to their own children, meaning that the children you and your spouse shared could receive nothing.

Securing your estate for your children

By leaving a Will, you can ensure that your children are provided for, regardless of what your spouse or partner does in the future. You can give your spouse or partner a right to benefit from certain assets, such as your share of a property, either for their lifetime or for a specific period. When that right comes to an end, your share of the property and any other assets involved will pass according to the terms of your Will and to your children.

Providing for your family for the future

Bespoke legal guidance is essential if you want to provide for your loved ones and pass on your estate in the most financially efficient way possible.

There are many ways to structure your Will to meet the needs of a modern family. These include placing assets in trust for minor children, providing a life interest in property for a spouse or partner, creating a discretionary trust for a wider group of beneficiaries and appointing the right executors, trustees and guardians to carry out your wishes.

The right legal advice will ensure that your assets are protected for the future. Our Wills and Probate experts can advise you on the best options for your circumstances to ensure your wishes are carried out effectively.

Contact us

If you would like further information please contact one of our Wills and Probate experts.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.