Around 12 per cent of Australian families are now classified as “blended families”.

What are the implications of remarrying through the lens of estate planning?

When two people marry and both bring children from previous relationships, each party should update their Will as a matter of urgency.

If a parent has remarried but wants to ensure that their children are provided for after they die, then it’s essential that a new Will is made as any existing Will will be automatically void by the new marriage.

Under inheritance laws, the new spouse is the primary beneficiary and children from the first marriage could be left with very little.

Most commonly, newlyweds with children from previous marriages create what is called a “mirror Will”: they leave their respective estates to each other, and when one spouse dies, the estate passes equally to their combined children.

However, what often happens in the event of one spouse dying, is that the surviving spouse makes a new Will leaving everything to their own children. The step-children are often excluded from the new Will.

If your ex has remarried, there are steps you can take to ensure your children’s inheritance is protected.

Testamentary Trusts

A testamentary trust can help secure your children’s future, and it’s also important to ensure your ex’s superannuation nominations are up to date.

It may be difficult, but you can start by having an open conversation with your ex about estate planning. If you’ve remained on good terms, both of you could consider a mutual Will agreement. This ensures neither of you can change your estate plans without the other’s knowledge.

If a person remarries, and then dies without making a new Will, they will be considered to have died intestate under the law, meaning they have died without a Will at all.

The implications of dying intestate when remarried

When someone dies intestate, inheritance laws will then determine how the estate is distributed. A spouse or civil partner is placed at the top of the list.

Children of the deceased are entitled to make a claim. However it’s up to the courts to decide whether they had been sufficiently provided for and, if not, what would be sufficient.

This could be a long and costly process, that may not end the way the claimant would like.

Estate planning involving two or more former spouses and multiple children can be complex. The law expects that you, as a parent, will provide for your children. Getting the right advice can prevent a lengthy and bitter court battle after your death.

The Wills and Estates experts at GLG Legal Springfield are are here to guide you every step of the way. 

If you have questions about mutual wills, testamentary trusts, and superannuation nominations, or any aspect of estate planning, contact our office by calling: (07) 3288 3511 or email info@springfieldlegals.com.au to book your consultation.