5 Techniques for Will Structuring in Blended Families

A blended family typically consists of married parents who have children from prior marriages or partnerships. Blended families include families with stepchildren or half-siblings, extended family members who reside in the same home, and other types of families. Over 16 percent of U.S. youngsters now live in blended families, a trend that is increasing in prevalence.

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The Estate Planning process for mixed families may appear difficult, but that does not diminish its significance. By creating a specific plan, you can prevent probate court and future legal complications. Generally, the easiest approach to begin is to discuss your ideal plans with your partner. 

When you are both ready, estate planning lawyers blended families can assist you with drafting the necessary documentation. Learn more about the choices for estate planning for blended families prior to getting started with the help of estate planning for blended family lawyers and attorneys 

A blended family can bring much joy into the home, but how can you ensure that each new member is cared for in the event of an emergency? Estate planning for blended families is an excellent approach to protecting each child in the family, both biological and adopted. The process entails naming guardians, selecting an executor, and planning each inheritance.

In mixed families, naming a member from each side of the family is a popular practice. Frequently, spouses establish reciprocal wills in which the wishes of the husband and wife are identical. Each individual bequeaths the same assets to the same individual in the same proportion.

Is Estate Planning Different For Blended Families?

Blended families are not intrinsically different when it comes to estate planning, but there are typically more people to consider. Especially if there are children from past marriages involved. You and your spouse will need to address how each child will be accounted for. Choosing a guardian in the event of an emergency is one of the most difficult tasks for blended families. Parents must examine the optimal placement for each child, as well as sibling relationships.

When planning an estate for blended families, parents will also need to exercise extra caution when splitting assets and funds. The assistance of estate planning for blended families lawyers and attorneys is of significant importance.  It is generally normal for couples to leave their whole estate to their partner, but if they have children from past relationships, this can become more problematic. 

Blended families, for instance, may need to establish a Trust to ensure that each child receives their inheritance if one parent dies before the other. These measures can aid in preventing future unfair treatment or arguments.

Tips for Estate Planning for Blended Families 

To effectively satisfy their needs, blended families should implement an Estate Planning approach that takes into account the nuances of each family relationship. Concerns about the inheritance amount, choosing an executor, and justice can arise in blended families. 

Making an Estate Plan can be complicated by these worries, but you shouldn’t ignore them. To get you started, here is a rundown of some of the most typical choices available to blended families when it comes to Estate Planning:

  1. Update Estate-Related Documentation

Ensure that individual documents reflect your new familial status as a crucial step in revising your estate strategy. This requires, among other things, changing the beneficiary on your RRSPs, insurance, and occupational pension. Failing to update a will is one of the most common blunders people in blended families make when they begin a new partnership or terminate a prior marriage.

“Many individuals are unaware that in the majority of regions, marriage revokes a will,” Maiorino explains. “If I have a will that gives everything to my two children from a prior relationship and I get married, the will becomes invalid the moment I sign the marriage certificate.” Maiorino asserts that more than half of Canadian individuals lack a legitimate will, leaving the door open for possible heir disputes.

  1. Discuss Everything With Your Spouse or Partner in Detail 

A solid rule of thumb for blended family estate planning is to be as detailed as possible. Spend time with your spouse, and in some situations, your ex-spouse, to ensure that your Estate Plan adequately provides for each child. There are several solutions available that will allow you to provide adequate financial support for your children after your passing. Do not be hesitant to seek guidance from an expert. Trust & Will is here to assist you to determine the optimal Estate Planning framework for your blended family.

  1. Plan For a Prenup Agreement 

Consider a prenuptial agreement prior to remarriage as a vital piece of advice when contemplating mixed families. This might be a terrific approach to plan ahead and ensure that you and your new spouse start off on the same page. Remember to review your Estate Plan every three to five years to ensure that it remains current. Despite the fact that life often gets in the way, it is essential that your Estate Plan accounts for all new members of a blended family.

Beneficiaries should also be updated, as complications may emerge if a spouse fails to remove the former spouse as the principal beneficiary on retirement savings and insurance policies upon divorce. The most effective approach to avoid this is to check these documents every few years

  1. Hire an Estate Planning for Blended Families Lawyer for Your Safety And Security 

The process of blending families may be both thrilling and gratifying. However, more care must be taken to ensure that each family member is provided for legally. This entails completing the proper Estate Planning procedures for blended families. Parents should take great care to choose guardians and share their children’s assets as they see fit. No two blended families are identical, and the same holds true for Estate Plans. Handling all the legal formalities can be tricky and risky, therefore the assistance of an estate planning for a blended family lawyer is of pivotal importance.

  1. Consider establishing a trust.

Remarried spouses utilize trust arrangements to aid in the allocation of assets. One possible trust scenario for remarried spouses is as follows: 

A spouse establishes a revocable living trust and appoints themselves as trustee throughout their lifetime, with the intention that the surviving spouse will receive income from the assets and the remainder of the trust (capital) will be distributed to the children upon the demise of the spouse.

By establishing the possibility of an income stream, your spouse will be able to maintain their existing lifestyle without suffering a financial disadvantage, and the children will still receive the capital at the end of the day.


Blended families, such as the fictitious Bradys, encounter extra difficulties when it comes to estate planning on top of the usual, everyday difficulties. More than half of all households in the United States have at least one member who has remarried or recoupled. Estate planning for blended families lawyers and attorneys are experts in such matters and their professional guidelines and assistance in these matters can ensure the safety and security of your rights.

If you want to create a plan that works for everyone in your family, you need the help of a skilled attorney. An Estate Planning for Blended Families lawyer is a great choice to help you and your family with the required skills and experience.


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