A second marriage with children from both sides
In short
This is one of the most common situations where DIY wills go wrong. Leaving everything to your new spouse can unintentionally disinherit your own children, because the survivor can later change their will. Marriage also revokes any earlier will. A life-interest trust often balances providing for a spouse with protecting children.
The situation
You have remarried (or are in a new civil partnership) and one or both of you has children from a previous relationship.
What happens legally
Several rules interact here, and the defaults rarely match blended-family wishes:
- Marriage automatically revokes any earlier will (section 18, Wills Act 1837) unless it was made in contemplation of that marriage.
- If you leave everything outright to your new spouse, they can later make a new will leaving nothing to your children.
- Under intestacy, a surviving spouse takes the first £322,000 plus half the rest, which can leave less than expected for children of an earlier relationship.
- A life-interest (or property) trust can let your spouse live in the home or receive income for life, with the capital passing to your children afterwards.
The risks
- Your children could be disinherited if the survivor changes their will after your death.
- An out-of-date or revoked will can trigger intestacy, splitting the estate in unintended ways.
- Tension between a new spouse and children from a previous relationship often leads to disputes and 1975 Act claims.
Recommended actions
- Make new wills after marriage (or wills made in contemplation of the marriage).
- Consider a life-interest trust to protect both your spouse and your children.
- Review how your home is owned — joint tenancy may frustrate trust planning.
- Take specialist advice; blended-family planning rarely works with off-the-shelf wills.
Sources
- Wills Act 1837, sections 18 and 18A — legislation.gov.uk
- Administration of Estates Act 1925 (intestacy) — legislation.gov.uk
- Inheritance (Provision for Family and Dependants) Act 1975 — legislation.gov.uk
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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