What’s a blended family?
Families come in all shapes and sizes.
We love to hear about the relationships that matter to you and your family. We’re lucky enough to have worked with every type of family, large and small. This includes:
families where children are raised by their grandparents or other relatives
people who don’t want to divorce their former partner for financial reasons
divorcing couples
couples planning to marry
religious and non-religious families
wealthy families
joyfully single people
bereaved families
brothers and sisters who live together
foster families
stepfamilies
single-parent families
same-sex, opposite sex and non-binary partners
same-sex, opposite sex and non-binary civil partners
married same-sex, opposite sex and non-binary partners
cohabiting couples
people in loving relationships who choose not to live together
households with family members from 2, 3 or 4 generations
adoptive families
The starting point for estate planning is always the family tree.
In the 1950s and 60s, the family tree diagram was simple—Mum, dad, children and grandchildren. In the 2020s, it’s much more common for couples to have children from previous relationships.
A true story
Rachael lives with David, her partner of 10 years. They have 2 children together, and Rachael has a child with her ex-husband Pete.
David owns their shared house as Rachael left her previous marriage with debts and little else. Rachael and David also care for Michaela, aged 11, Claire’s orphaned niece, and they hope this will become a permanent arrangement. David is 10 years older than Rachael. His two adult children moved to Australia 12 years ago with their mother, and he has never bothered to finalise his divorce.
Making Wills was way down Rachael and David’s priority list. Estate planning was not on their list at all. Their friends suggested that creating a Will with such complex personal circumstances would be painful, lengthy, and expensive. A prompt from their mortgage adviser persuaded them to make contact and get the facts.
Complicated? Certainly.
Needing careful thought and planning? Definitely.
Unusual? Not especially.
In estate planning, when two people come together with children from previous relationships, we call their new family a blended family.
Rachael and David’s family tree diagram has more branches than many, but their blended family relationships are not uncommon.
Modern families
The law hasn’t changed to reflect these types of modern relationships. The Wills Act of 1837 is still in force today. The rules that decide who inherits are set out in legislation made in 1975, and updates have been rare and relatively minor changes. When you meet your consultant, they will explain what the rules mean for your family.
David and Rachael
Without a Will, David’s estranged wife in Australia is his legal heir. If David dies first, Rachael is entitled to nothing and will have to go to court to be able to stay in their home.
Without a Will, Rachael’s 3 children would inherit her estate if she died first. David and his older children would be disinherited, and her niece would get nothing.
If you think your circumstances are too complicated or worry you’ll be judged for unconventional arrangements, please get in touch. Complexity is no problem. We promise friendly advice and guidance without judgment. Plus, there’s no commitment to engage us until you’re happy with the estate planning solutions we recommend.
Uniquely tailored to you
We always explain how the law applies to you and the people who depend on you.
Let us guide you through the Will making process simply and without unnecessary legal jargon.
It’s a privilege to help our clients’ families. Please get in touch if you would like a free initial discussion.
* not real names. Some minor details have been changed to preserve anonymity.