I have children from two relationships
In short
You can divide your estate between children from different relationships however you choose, but fairness and clarity matter. Without a will, intestacy splits your estate equally between all your children — after a spouse's share — which may not reflect your wishes. Clear drafting and a letter of wishes reduce the risk of disputes.
The situation
You have children from more than one relationship and want to provide for them appropriately.
What happens legally
All your biological and adopted children are treated equally under intestacy, but a will gives you control:
- Under intestacy, all your children share equally (after any spouse's statutory entitlement); stepchildren you never adopted are excluded.
- A will lets you divide your estate in the proportions you choose and name substitutes if a child dies before you.
- If you have a current spouse, their statutory or will entitlement comes first, which can reduce what reaches children of an earlier relationship.
- Unequal gifts are lawful but can prompt an Inheritance Act 1975 claim from a child left with little, especially a dependent one.
The risks
- Unclear or unequal provision can cause lasting family disputes.
- A surviving spouse's entitlement may unintentionally reduce children's shares.
- Children from an earlier relationship can be sidelined if planning relies on the survivor's goodwill.
Recommended actions
- Make a will that sets out each child's share explicitly.
- Write a letter of wishes explaining any unequal division.
- Consider trusts to ring-fence specific shares for specific children.
- Review the plan after any new relationship, marriage, or child.
Sources
- Administration of Estates Act 1925 (intestacy) — legislation.gov.uk
- Inheritance (Provision for Family and Dependants) Act 1975 — legislation.gov.uk
- GOV.UK — Make a will
- Reviewed by
- Michael Smith, Estate Planning Specialist
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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