Did you know Blended families are most at risk from inheritance disputes?

Recent research from STEP* highlights a growing trend: inheritance disputes are increasing, particularly in more complex family structures, with blended families most at risk. Solicitor Lucy Wilton outlines 4 things you can do to help to protect your blended family from future inheritance disputes.

With an estimated 1 in 3 UK families now falling into the category of being described as a blended family (or step family), blended families are now a familiar part of modern life.

However, due to the obvious complexities of a blended family, combined with the fact that the law does not currently recognise informal relationships such as cohabiting, unmarried partners, stepchildren or half siblings for example, blended families can also be more vulnerable to inheritance disputes if careful Estate planning is not in place.

At Penderlaw, the recent STEP research reflects what we see in practice. Where expectations are unclear — or perhaps never even discussed — families can face avoidable conflict at an already difficult time.

The good news is that there are practical steps you can take now to reduce that risk.

1. Put a clear and up to date Will in place

A professionally drafted Will is the foundation of any Estate plan.

Without one, your Estate is distributed under the rules of intestacy, which may not reflect your wishes — particularly where there are children from previous relationships or a cohabiting partner. You can find out more about this in our blog What happens if die without a Will?

It is equally important to review your Will regularly, especially following major life events such as marriage, separation or the arrival of children or stepchildren.  Our blog When do I need to update my Will? explores this topic further.

2. Consider the use of Trusts

Blended families often require a careful balance between providing for a surviving partner and protecting children from a previous relationship.

In some circumstances, a Trust can help achieve this by:

• Allowing a partner to benefit during their lifetime
• Preserving assets for children in the longer term

This approach can provide reassurance to all parties and reduce the likelihood of future disputes.  You can find out more about Trusts in this blog:  Trusts – what are they and do I need one?

3. Be clear about your intentions

Many disputes arise not from unfairness, but from uncertainty.

If your wishes are not clearly set out — particularly where provision is intentionally unequal or more complex — there is greater scope for misunderstanding.

Ensuring your Will accurately reflects your intentions can help avoid confusion and conflict later on.

Will planning is bespoke as one size very rarely fits all. Your Will instructions should be discussed with a specialist who can help pre-empt any legal or practical issues.

4. Take advice tailored to your family

No two families are the same, and blended families often require more tailored planning.

Taking professional advice ensures that:

• Your arrangements reflect your personal circumstances
• Both partners and children are properly considered
• Potential areas of conflict are identified early

If you’d like to read more about the issues faced by blended families with regard to Estate planning our blog Estate planning for blended families explores this topic further.

A standard or ‘Mirror’ Will is unlikely to offer as much protection or planning opportunity as these scenarios often require, so a Flexible Will is extremely useful, you can read more about Flexible Wills in our blog  What is a Flexible Will?

Do you own a business?
If you are a business owner, and this most definitely includes farmers, Estate planning is even more important. This is explored in more detail in our blog Will disputes concerning the family business.

Already facing a dispute?
Not every situation can be avoided, particularly where planning has not been carried out, or where expectations differ significantly. If you are part of a blended family and find yourself involved in an inheritance dispute, it is important to seek advice early.  Disputes around inheritance often involve things like disagreements between children and a surviving partner or step parent, concerns around fairness or exclusion, contesting the validity of a Will and claims under the inheritance act.  Our blog What are the grounds for contesting a Will? goes into more detail.

Our Disputes and Litigation team work alongside our Estate Planning specialists to provide clear, practical advice. We will always try to resolve matters sensitively and efficiently, while protecting your position and helping you move forward.

An accurately prepared Will where advice has been taken should help to prevent or mitigate these unpleasant situations. A Flexible Will can even cope with dispute after your death, empowering your Executors/ Trustees to negotiate with a claimant to keep your estate out of a lengthy and expensive court battle. You can find out more about the benefits of flexible Wills in our blog What is a Flexible Will?

A final thought
Inheritance disputes are rarely just about money — they often arise out of expectations which have not transpired, perceived unfair treatment, and poor communication.

Taking steps now to plan carefully, and where possible communicate your wishes, can help protect not only your Estate, but also your family relationships. 

And what could be more important than that?

Get in touch
If you would like to speak to us about Estate Planning to protect your blended family, or about an existing inheritance dispute affected your family, our experienced and friendly team would be pleased to help.  You can contact us on 01872 241408 or email info@penderlaw.co.uk