Blended Families and Wills

It may surprise you to hear that 1/3 families in the UK are now deemed to be a "blended family" as opposed to the traditional "nuclear family."

A nuclear family typically refers to a family structure with two parents (who are usually married or in a civil partnership) and their socially recognised children. A blended family refers to a situation where two or more existing families have been brought together (e.g. where one or both parties are on their second long-term partnership or marriage, and where they have already had children with a previous partner).

The increase in blended families has resulted in an increase in disputes concerning the terminology used in Wills. For example, where someone refers to "my children," are they referring to their biological children, their step-children, their adopted children, or someone who may have been treated by the family as a child, but who is in fact unrelated by blood, marriage, or law? If you have donated sperm or an egg to a fertility clinic, do you also mean for any child born using these to benefit from your estate?

Issues can arise where beneficiaries are not individually defined, but sometimes it does make sense to name a category of beneficiaries (e.g. my children, grandchildren), particularly where it is possible that that class of beneficiary may change (e.g. if further children or grandchildren were to be born, and you would also intend for them to benefit from your estate).

Interpretation of your Will can particularly be an issue where you have not reviewed your Will in some time, as the law may well have changed in the intervening period. It may surprise you to know that if your Will was drafted before 1987, the interpretation of your "children" could vary greatly from the current definition.

The Family Law Reform Act [1987] removed the legal distinctions between a "legitimate" and an "illegitimate" child. If your Will was drafted before 1987, then any reference to children may not include adopted children, children born outside of marriage, or step-children.

Under current laws, step-children are not automatically presumed to be included under the term "my children", but adopted and illegitimate children would be.

As with anything, the intention of the testator at the time the Will was written is paramount. If it can be argued that the testator intended for someone to benefit under their Will and this has not occurred due to a drafting error or omission, then it is possible to posthumously rectify the mistake. Such an application is, however, lengthy, and it may greatly increase the chance of a dispute concerning the distribution of your assets. If the Will is homemade or if the Will was made many years ago however, then there may not be sufficient evidence as to the testator's intention when the Will was drafted to draw a conclusion other than what is already written in the Will.

Even if you believe that your estate is straightforward, Leeds Day recommend that you discuss your Will with a solicitor so they can review any potential issues that may not have occurred to you in the first instance.

Our Private Client Team offer a personal, friendly and sympathetic approach, to assist you in planning and managing your affairs most effectively in a wide range of situations.? If you need any advice in relation to any will, estate planning or bereavement matter then please contact Leeds Day on 0333 577 2250 or email [email protected]. ????