CPDAug 18 2020

How to advise the modern 'blended' family

  • To understand what issues might arise from blended families.
  • To be able to explain the different legal implications of inheritance.
  • To be able to demonstrate knowledge of trusts and wills
  • To understand what issues might arise from blended families.
  • To be able to explain the different legal implications of inheritance.
  • To be able to demonstrate knowledge of trusts and wills
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How to advise the modern 'blended' family
Andrea Piacquaido via Pexels
  1. Reflect carefully on what you are planning and the potential implications: whom do you want to benefit in the first instance, how and why? Have you always been estranged from your children? What is the relationship like between your children and stepchildren? Is animosity likely to arise out of your proposed actions?
  2. If you want to include both children and stepchildren either equally or unequally, do you have enough assets to cover what you envisage?
  3. Seek legal advice: a solicitor can help to guide you to reach decisions on the above questions.
  4. It is of paramount importance to document diligently clients' wishes. This can be effected by the will, but also in a separate letter of wishes (although please ensure this is signed and stored safely alongside the will). 
  5. If you choose to omit a child in favour of a stepchild in your Will, can you instead leave the former a small legacy? Is there a precious item they could inherit as an alternative, such as a treasured piece of jewellery? Creativity is possible to ensure that your children are not left – or bereft – feeling unloved.

While individuals do have the freedom to create the will they want, it is nevertheless an unpleasant
thought that loved ones might be forced into an inheritance dispute after you are gone.

Some forethought now along the above lines could prove invaluable to avoid painful, protracted and potentially costly litigation between your blended family members.

It is common for those who are considering re-marrying into a blended family arrangement, to have already accumulated wealth in their own name and may have possibly received financial provision as a result of a previous divorce settlement.

They may want to protect these assets in the event of a marriage breakdown and therefore it would be sensible to consider entering into a pre-nuptial agreement.

While PNAs are not legally binding in England and Wales, following some landmark cases, the Courts are giving greater weight to the existence of an agreement upon divorce, particularly when deciding the redistribution of a couple’s assets.

Formal agreements aside, it is vitally important to have open discussions between your family about what you may want to happen to assets in the event of a breakdown of marriage. 

Couples who have children from previous relationships may want to ensure gifts or inheritance remains within the family, in the event of a divorce and family breakdown.

Therefore, it is extremely important for couples within blended family arrangements to not only discuss the proposed terms of a PNA with their new partner, but also with their children and step children so everyone is clear about what is being included in the agreement and why.

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