Blended families are one of the most common family structures in modern Britain. Second marriages, stepchildren, cohabiting partners, children from previous relationships – these are ordinary circumstances, not exceptions. Yet in the field of estate planning, blended families face some of the most serious legal risks of any group.

The STEP Barometer 2026 – a survey of more than 500 trust and estate practitioners globally – found that 71% of practitioners identify blended families as the leading source of legal disputes in succession planning. 41% have seen an increase in blended family conflicts in the past twelve months alone. And 68% say the most common source of tension is conflict between a surviving spouse or stepparent and children from a previous relationship.

In England and Wales, specific legal rules make the position of blended families especially exposed. Many people in second marriages or long-term relationships assume that their wishes will be respected, or that family will work it out. Under English law, neither assumption is reliable.

This article explains where the risks are, what causes them, and what legal planning can do to prevent them.

What English Law Actually Says About Blended Families

There are three legal positions that surprise most people in blended families when they learn them.

First, cohabiting partners have no automatic right to inherit in England and Wales. The concept of common law marriage does not exist in English law. A partner who has lived with you for twenty years, helped raise your children, and shared your home may have no legal entitlement to anything from your estate if you die without a will. Instead, your estate may pass directly to your children, or if you have none, to other blood relatives.

Second, stepchildren are not recognised under the intestacy rules, which determine how a person’s estate is distributed if they die without a valid will. Only biological children and legally adopted children are treated as ‘children’ for the purposes of intestacy. If you have stepchildren you want to provide for, this must be explicitly written into your will. Without it, they may not inherit anything.

Third, marriage revokes a previous will. If you remarry and do not make a new will, your existing will is automatically invalidated unless it expressly anticipated that marriage. In those circumstances, you would die as if you had no will at all and the intestacy rules would apply — often producing outcomes very different from what you intended. A common misconception is that a surviving spouse will automatically inherit 100% of the estate if there is no will. In reality, what a spouse receives depends on the value of the estate and whether there are any children. In many cases, the estate is shared, meaning a spouse may not inherit everything.

These are not obscure technicalities. They are fundamental features of English inheritance law that catch families by surprise every year.

The Tension That Professional Advice Resolves

A person may want to ensure that their surviving spouse or partner is properly provided for if they die first, while also ensuring that their children from a previous marriage or relationship receive a fair inheritance.

These goals are not always compatible if the planning is not done carefully. Without professional advice, trying to achieve both often results in achieving neither.

Consider a common situation: a man in his 60s remarries. He has adult children from his first marriage and owns the family home jointly with his new wife. He wants his wife to be able to stay in the home if he dies. He also wants the property eventually to pass to his children, not to his wife’s family. Without the right legal structure and planning, this outcome is not achievable, or it is achieved in a way that creates lasting conflict.

A property trust is one mechanism that addresses this directly. It allows a surviving spouse to reside in the property during their lifetime, with the asset then passing to children on the spouse’s death. This protects both parties, and it makes the testator’s intentions clear in a way that is legally enforceable and reduces the likelihood of a dispute.

The Joint Tenancy Problem

Many couples own property as joint tenants. This means that when one dies, the property automatically passes to the surviving co-owner by the right of survivorship, regardless of what the will says. In a blended family, it can create serious problems.

If a man owns his home as a joint tenant with his second wife and he dies, the property passes to his wife automatically. His children from his first marriage may receive nothing from that asset, even if that was not his intention. His will is irrelevant because the right of survivorship operates outside the will.

Changing the ownership of jointly held property from joint tenants to tenants in common, a process called severing the joint tenancy, allows each person to leave their share of the property independently in their will. This is often the right step for blended families. Most people in blended families who own property together have never been told it needs to be considered.

Frequently Asked Questions

Does my stepchild automatically inherit if I die without a will?

No. Under the intestacy rules in England and Wales, only biological or legally adopted children have automatic inheritance rights. Stepchildren who have not been legally adopted have no entitlement unless explicitly named in a valid will.

Can I leave my estate to both my spouse and my children from a previous marriage?

Yes, but this requires careful professional planning. A property trust is the most common mechanism: it allows your spouse to benefit from an asset during their lifetime, with the asset passing to your children on the spouse’s death. Without this kind of structure, your estate is likely to pass entirely to your spouse, leaving your children’s interests unprotected.

What happens to my will if I remarry?

Marriage automatically revokes any previous will in England and Wales. If you do not make a new will after marrying, you will be treated as having died without a will and the intestacy rules will apply, which may not reflect your wishes at all.

My partner and I are not married. Are we protected if one of us dies?

Not automatically. Cohabiting partners have no right to inherit under the intestacy rules. Without wills in place, your partner may receive nothing, regardless of the length of your relationship. Both partners should make wills, and you should also consider how any jointly held property is owned.

Can a family member challenge a will?

Yes. Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people, including adult children and financial dependants, can apply to the court if they believe reasonable financial provision has not been made for them. We take care to document not just what decisions are made, but why. This clarity can help families understand their loved one’s intentions and provide important context if the court is asked to consider a claim.

How quickly can Right Legal Group help us put a plan in place?

We can usually complete wills within two to three weeks of an initial consultation. Call us on 01332 424 511 or click here to discuss your situation and we’ll tailor the next steps and timescales to suit you.

Right Legal Group

Right Legal Group is a specialist private client law firm helping families across England and Wales with Wills, Trusts, Lasting Powers of Attorney, Probate, and Estate Planning. We believe that where law meets legacy, families deserve clear, honest, and personal advice.

Right Legal Group is authorised and regulated by the Solicitors Regulation Authority. SRA Number: 607718. Company Number: 08276948.