Drafting a Will to deal with blended families requires careful consideration to ensure that beneficiaries are protected and the potential for disputes is minimised. Making a Will in a blended family scenario needs a lot of careful thought to ensure that none of the children or stepchildren are left out – even inadvertently. In this article we’ll discuss how to make a Will in a blended family, as well as what you need to consider when drafting your Will.
What is a blended family?
Blended families are where one or both individuals have children from previous relationships. These circumstances can create unique challenges given the differing interests of biological children, stepchildren and the surviving partner.
Why Do I Need A Will If I Have A Blended Family?
If you die without a Will, and you are married or in a civil partnership, most of your assets will be distributed to your spouse or civil partner under the Intestacy Rules, or Laws of Succession - find out more about the Laws of Succession in Scotland here.
Currently, the Intestacy Rules do not provide for stepchildren. Therefore, although most or all of your assets may pass to your surviving spouse or civil partner, if they die without a Will, your children will not inherit.
For example, if your spouse or civil partner is not the biological or adoptive parent of your children, and they subsequently die without a Will, or with a Will that does not take your children into consideration, their estate (including any money inherited from you) will be distributed according to their Will instructions or to the Intestacy Rules, which is to their own biological and adopted children, not stepchildren.
Having a Will ensures you can specify who will manage your affairs and where your assets should go and ensure that your loved ones are looked after.
Considerations for writing a Will involving blended family members?
One key consideration is the division of assets, such as property, items, and money. To prevent conflicts, it is essential to clearly outline how assets should be distributed among beneficiaries and ensure that there is protection for biological children.
For example, leaving your entire Estate (all money, property, and assets a person owns at the time of their death) to a surviving partner could lead to your biological children inheriting nothing if there are not appropriate safeguards. This is because, following death, the surviving partner can change their Will to solely benefit their own children. They are entitled to do this even if you both did Wills leaving your respective Estates to each other and then to be split equally amongst both sets of children.
Scots Law also provides for what are called 'Legal Rights'. These rights entitle a spouse, civil partner, and children of the deceased to a portion of the deceased’s worldwide net moveable estate, whether or not the deceased left a Will (testate) or died without one (intestate).
Another important aspect is the choice of Executor. Given the potential for tension in blended families, selecting an impartial and trusted Executor (or Executors) can help ensure that the Will is administered in accordance with your wishes and Scots Law.
What is the best way to draft a Will for blended families?
Liferent Trusts remain an effective option for blended families in Scotland. These Trusts allow a surviving spouse to benefit from assets during their lifetime (e.g. living in the family home or receiving income from investments), while ensuring that the assets ultimately pass to your own children. This arrangement can help balance the needs of the surviving spouse with the intention of providing for children from previous relationships. Our expert team of Aberdeen and Banchory based solicitors can help advise the best approach for your own personal circumstances.
Regular reviews of Wills are essential, especially after significant life events like remarriage, adoption, or the birth of additional children. By keeping your Will up-to-date, you can ensure that your evolving family circumstances are reflected, reducing the risk of future disputes if you were to pass away or to become incapacitated.
Ensure your Will is up to date, legally binding, and accurately reflects your wishes. Protect your assets and loved ones by speaking with our team of expert solicitors. We've been helping families in the North East of Scotland secure their assets since 1754 and we’re here to help you too.
