If someone dies without a valid will (intestate), their estate is distributed according to state laws, which may not align with personal wishes. For blended families, this can be particularly problematic. For example, a surviving spouse may receive the majority of the estate, leaving children from a previous marriage with less than expected — or nothing at all. This often results in inheritance disputes.
Key Considerations for Estate Planning in Blended Families
Be Clear About Your IntentionsTransparency is vital. Outline how you want your assets divided, and make it clear in your will. Ambiguity can give rise to disputes and family provision claims.
Recognise All DependantsUnder Australian law, both biological and stepchildren may be eligible to make claims against your estate. Recognising all dependants in your plan reduces the risk of challenges.
Use Testamentary TrustsA testamentary trust can help control how and when beneficiaries access their inheritance. This is particularly useful for blended families, as it allows you to provide for a surviving spouse while protecting assets for children.
Superannuation and Binding Death Benefit NominationsSuperannuation does not automatically form part of your estate. You must make binding nominations to ensure it goes to your chosen beneficiaries.
Consider Life InsuranceLife insurance can provide additional financial security for dependants and may help balance inheritance distribution.
Update Your Will After Major Life ChangesMarriage, divorce, or the birth of new children should trigger a review of your estate plan. Wills made before marriage may be revoked unless specified otherwise.
How the Law Protects Family Members
Australian Wills & Estate Planning Law provides mechanisms for family members who feel unfairly treated. For example, under the Family Provision Act, eligible persons (including stepchildren) may contest a will if they believe they were not adequately provided for. Courts then consider factors such as financial need, relationship with the deceased, and contributions to the estate.
For blended families, this highlights the importance of drafting wills with legal guidance to minimise risks of disputes.
Case Example
Consider a scenario where a parent leaves everything to their second spouse, unintentionally excluding children from their first marriage. The children may contest the will, resulting in lengthy court proceedings and emotional distress for all parties. Proper estate planning — such as creating a life interest trust for the spouse and leaving the remainder to the children — could prevent such conflicts.
Steps to Take Now
Consult an experienced Wills & Estate Planning Law solicitor.
List all assets, liabilities, and beneficiaries.
Decide how you wish to divide your estate and document it clearly.
Put in place trusts, binding nominations, and insurance if appropriate.
Communicate your wishes openly with your family where possible.
Estate planning is never a one-size-fits-all process, especially for blended families. By proactively structuring your will, trusts, and superannuation nominations, you can reduce disputes and ensure your legacy benefits all your loved ones.
At New South Lawyers, we specialise in Wills & Estate Planning Law for complex family situations. Whether you are part of a blended family or planning for future generations, our team provides clear, tailored advice to protect your interests.
