Remarrying changes your documents. In the UK, getting married will often cancel an existing will unless it was clearly made in contemplation of marriage. That can leave your children from an earlier relationship exposed.
We explain how estate planning differs where there is a blended family. We walk through practical options: making a new will, setting up trusts, changing property ownership and pension nominations. We use plain-English examples involving the family home and pensions.
Our aim is simple. We help you protect children while keeping a surviving spouse secure. Read on for clear steps and when to get specialist legal advice, or visit our guide on estate planning and second marriages.
Key Takeaways
- Remarriage can revoke an earlier will unless it was made in contemplation of marriage.
- Intestacy may leave most assets to a surviving spouse, excluding stepchildren unless adopted.
- Trusts and nominations can protect children’s long-term inheritance.
- Balance a spouse’s income and housing security with capital reserved for children.
- Seek specialist advice if you own property, have pensions, or face family maintenance duties.
Why second marriages change everything in estate planning
Remarrying reshapes family expectations and calls for clearer choices about who inherits what.
Blended families often face competing hopes. A surviving spouse may expect income and a home. Children previous relationship may expect capital that lasts beyond the spouse’s lifetime.
Stepchildren are usually part of the family emotionally. Legally, they are not automatic beneficiaries unless adopted or named. That gap is where paperwork makes a difference.
Common outcomes people want
People commonly ask us to secure a spouse’s lifestyle while protecting capital for children. Typical solutions let a surviving spouse live in the home and receive an income. The underlying aim is fairness that suits different circumstances and life stages.
When to act
- Before remarriage — so documents can be made in contemplation of the new relationship.
- Straight after a marriage — to update beneficiaries and wishes quickly.
- After major life changes — new home, business sale, illness or new grandchildren.
Clear beneficiary choices and a short written note explaining your wishes reduce suspicion later. We treat estate work as care for the whole family, not a choice between people.
Read more on managing expectations in blended families at managing expectations in blended families.
What happens to your will when you remarry in the UK
A new marriage often changes your legal position overnight, and many people miss that.
Remarriage commonly revokes an existing will unless the document was clearly made in contemplation of marriage. That phrase must be written into the document and show it was created because you planned to marry.
If you rely on an old testament and do not make new instructions, you may die intestate. In that place, fixed rules decide who inherits your estate rather than your personal wishes.
This risk is sharp in blended families. Intestacy can overlook children from previous relationships and leave people feeling let down.
- When to act: consider a fresh document before the ceremony or update it soon after.
- What to bring: simple asset list, family details and a note on what fairness means to you.
- Get legal advice early to check the precise rules and to protect your wishes at death.
Intestacy rules and the legal rights of a second spouse
Dying intestate often hands a large early share to a surviving partner, leaving children with less than expected.
How intestacy works in broad strokes: under the standard rules a spouse inherits personal chattels and a statutory legacy (commonly cited as £322,000), plus a share of the remainder. That order can absorb much of an estate and shrink what children receive.
What stepchildren miss without a document
Stepchildren do not automatically inherit unless legally adopted. If you treat them as your own, you must record that choice. Otherwise they can be left without any share.
Challenging the outcome
The Inheritance (Provision for Family and Dependants) Act 1975 gives certain people a route to ask a court for reasonable provision after death. That can help spouses, children and some dependants when the statutory split feels unfair.
- The family home can end up controlled by a surviving spouse, even if you meant your children to benefit.
- Trying to exclude a spouse outright often increases dispute risk, delay and cost.
- We recommend early legal advice to protect assets and reduce conflict.
will planning for second marriages uk: what to review before choosing a strategy
Start by listing every asset and benefit that could pass on death—small oversights cause big problems.
We suggest a quick checklist to guide your review. Take it step by step and involve your partner if that helps clarity.
Create an asset inventory
Note the property you own, savings, investments, pensions, business interests and valuables. Include digital accounts and personal possessions.
Separate “yours, mine, ours” where relevant. Ring-fencing pre-marriage assets can protect children previous relationships.
Identify outside-the-will benefits
Check pensions, life insurance and nominated accounts. These often override a testamentary document and pass straight to named beneficiaries.
Update nominations if they name an ex or someone you no longer intend to provide for.
Consider real-world variables
Look at ages, health and likely care needs. Ask whether children are financially independent and who else they might inherit from.
Factor in maintenance obligations and the risk of claims. Life cover can be a practical back-up to secure inheritance and cover tax exposure.
- Make a full list of assets and beneficiaries.
- Check and update pension and life nominations.
- Decide which assets to ring-fence for children previous relationships.
- Seek professional advice if inheritance tax or complex assets exist.
| Item | Why it matters | Action | Who to consult |
|---|---|---|---|
| Property / Home | Often largest estate asset; joint ownership affects outcome | Check ownership type; consider ring-fence options | Solicitor / Conveyancer |
| Pensions & Nominations | Can bypass estate and override written wishes | Review beneficiaries; update nomination forms | Pension provider / Financial adviser |
| Life insurance | Can provide funds to meet maintenance needs or inheritance tax | Match cover to responsibilities; name correct payee | Insurer / Adviser |
| Business & Investments | Complex valuation and ownership issues affect estate split | Record shares, agreements and succession plans | Accountant / Business solicitor |
When you need a deeper review, we recommend speaking to a specialist. For guidance on overseas assets and pensions, see our detailed note on estate planning for UK expats with assets.
Options to protect children while supporting a new spouse
Blended families often need tailored solutions to balance security and fairness.
Making a new will that reflects your changed circumstances
We recommend you make new instructions that name beneficiaries and match pensions and life policies. Update asset lists so nothing passes unexpectedly.
Life interest trust
A life interest trust lets a spouse live in the home or receive income now. The capital remains ring-fenced so children inherit later.
Discretionary trusts
These offer flexibility where circumstances may change. Trustees can adapt support for a spouse, a vulnerable child, or shifting family needs.
Letter of wishes
A short letter of wishes explains intent to trustees and reduces conflict. It is not legally binding, but it carries weight and clarifies your reasons.
- Choose trustees who are trusted and impartial; a professional can help in blended families.
- Set structures while everyone is well. Preventative steps reduce future disputes.
Property ownership and the family home: joint tenants vs tenants in common
Ownership style matters: it can make the home pass straight to a partner or stay part of your estate.
Why joint tenancy passes the home on survivorship
Joint tenants means both owners hold the whole title together. The right of survivorship moves the property automatically to the surviving spouse when one owner dies.
This often gives quick security to a partner. But it can leave children previous without any share if the title is not changed.
How tenants in common lets you gift your share
Tenants in common means each person owns a distinct share. Your share can form part of your testament and pass into a trust for children previous relationship.
This route keeps capital ring‑fenced while allowing a spouse to stay in the home under lifetime rights.
Practical steps and a short example
Check the title, consider severance if needed, and update your testament at the same time. Don’t rely on promises.
| Ownership type | What happens at death | Practical outcome |
|---|---|---|
| Joint tenants | Survivorship: property passes automatically | Surviving spouse keeps the home; children may get nothing |
| Tenants in common | Each has a defined share that can be left by document | Your share can go to children or into a trust |
| Trust + tenants | Share held or used under trust terms | Spouse can live there; capital reserved for children |
Mirror wills in second marriages: benefits, risks and safer alternatives
Mirror documents often seem simple, but they can hide major risks once family trees grow.
What mirror wills are. Couples make near-identical instructions that leave assets to each other, then to the same beneficiaries. That works well when both families match and everyone agrees.
Why symmetry can break
The key danger is sideways disinheritance. If the surviving partner later changes their testament, children from a previous relationship can be pushed out. Life changes, new partners or shifting wishes can rewrite outcomes.
Safer choices
- Trust-based documents can grant a spouse income or a home for life while preserving capital for children.
- Trusts reduce the risk that a later change removes intended beneficiaries.
- Consider tax effects: spouse-to-spouse transfers and the transferable nil-rate band (currently £325,000) affect inheritance tax and the estate’s net outcome.
| Option | Immediate spouse security | Child protection |
|---|---|---|
| Mirror wills | High | Low (if survivor changes) |
| Life interest trust | High (income/home) | High (capital reserved) |
| Discretionary trust | Medium (flexible) | High (control kept) |
When mirrors still suit. If there are no children outside the union and beneficiaries align, mirror wills can be simple and cost‑efficient.
If you have children from an earlier relationship and a valuable home, ask about a life interest trust rather than relying on mirror documents. For a practical guide to mirror wills see mirror wills guide or read our note on safeguarding family assets.
Extra safeguards that often get missed
A short set of checks after marriage saves time, money and heartache later.
Update beneficiary nominations
Pension, life cover and death-in-service forms usually override a testament. Check names and dates. Make sure nominations match your estate aims and any trust arrangements.
Child maintenance and ongoing responsibilities
If you die while paying maintenance, children can have a claim. Insurance cover is a practical way to protect regular payments without harming a surviving partner’s income.
Pre-nuptial agreements to protect pre-marriage assets
Pre-nups are a sensible tool to ring-fence assets you brought into a relationship. They do not replace trusts or a testamentary document, but they reduce dispute risk and clarify expectations in life and at death.
- Quick check-list: update nominations, confirm life cover beneficiaries, document maintenance arrangements.
- Ask a specialist (wills/trusts/probate solicitor) about interaction between nominations, trusts and agreements.
- Key questions: who inherits, who can change nominations, and how are children provided for?
Conclusion
When families blend, a short update to your documents saves grief later. Second marriages change default outcomes. Doing nothing or relying on an old testament can leave your children and partner exposed.
Key steps are simple. Check ownership of the home, update nominations, and consider a trust that gives a spouse security while preserving capital for children. Intestacy is a blunt tool; the right structures protect assets and reduce dispute risk.
Write down your priorities: spouse security, timing of inheritance and fairness between households. Add a short letter of wishes and choose trustees you trust to carry out those wishes.
Practical next steps: gather asset details, check pension and life nominations, and book a specialist review with our team. We help families turn hard choices into clear, lasting arrangements.