In 2023, the median duration of marriages (for opposite sex couples) was 12.9 years with approximately 42% of marriages, in England and Wales, ending in divorce. Few of those that go on to re-marry realise the importance of protecting their children with careful estate planning and a new will.

In this blog, Dunham McCarthy explains the all-too-common issue of sideways disinheritance and what can be done to avoid it.

What is Sideways Disinheritance?

Many people don’t know (or simply forget) that a divorce revokes a will. Furthermore, those who re-marry and do put in place a fresh will forget to protect their children, from their previous relationship, creating the potential for Sideways Disinheritance.

Sideways disinheritance is when intended beneficiaries, typically a person’s children from a previous relationship, are disinherited because of the remarriage of their surviving parent.

It occurs when the surviving stepparent remarries and leaves their estate to their new spouse or they die without a valid will, causing the estate to pass to their new spouse and / or their family, under intestacy rules. This means that the original beneficiaries often loose out

Does Sideways Disinheritance Happen Often?

It is becoming an increasingly common as we see more and more blended families. It is one of the most frequent reasons for will disputes. A 2022 survey, by the Personal Finance Society,’ reported that 75% of people are likely to experience a will – inheritance dispute in their lifetime!

What to Do if You Re-Marry

Getting divorced or re-married is a huge event and with everything involved, as well as other day-to-day issues, it can be easy to overlook or put off changing a will or taking the time to ensure that any new will is effective in looking after any children you might have from your previous relationship.

There are certain things that you should do when creating a new will if you have children from a previous relationship that you wish to provide for:

• Be clear; make your wishes known to your new partner that you wish to make a will provision for your children
• Set up a trust
• Consider a declaration of trust

Setting Up a Trust for your
Children in Your Will 

Setting up a trust can be a powerful tool to prevent your children, from a previous relationship, from being disinherited. Establishing a trust ensures that assets are managed and distributed according to your wishes, protecting your children from potential claims by the other parent and their children.

A trust can ‘ringfence’ assets solely for the benefit of your children which can be especially useful in the context of any future divorce from your new partner.

Consider a Declaration of Trust

If you own your matrimonial home as joint tenants, consider changing the ownership to tenants-in-common to enable you to give your children the right amount of inheritance.

Review all Options with Dunham McCarthy’s

Legal – Will Writing Experts

 

It is important to consult with a legal – will writing specialist, to ensure all options are considered and to be certain that all aspects of the trust are correctly drafted.

The beauty of using ‘Dunham McCarthy’ is that we are will writing and estate planning experts and that our will writing service benefits from our own, in-house, team of will writing – legal experts.

The benefits of using Dunham McCarthy include:

• Online video appointments at a time that’s convenient to you
• Support of Legal and estate planning professionals.
• Realistic pricing with discounts for mirror wills.

Find out more by visiting: enquiries@dunham-mccarthy.co.uk