Blended families – what to consider when making your will

If you have a blended family, making a will is an important opportunity to put clear and effective arrangements in place for your loved ones. You may wish to balance the needs of your current spouse or partner with the needs of your children from an earlier relationship, while also ensuring that your estate ultimately passes in line with your wishes. Without careful planning, even well-intentioned arrangements can lead to unintended outcomes and, in some cases, costly and distressing disputes.

‘Inheritance planning for a blended family often involves more detailed thought and planning than people expect,’ says Lucy Brown, head of the private client team. ‘Simple wills that leave everything to a spouse or partner, and then to children, do not always work well for modern family arrangements – particularly where there are children from previous relationships or a long-term partner to provide for.’

Lucy highlights the key issues you should consider when making a will for a blended family.

Providing for your partner and your children

One of the most common challenges is deciding how to provide adequately for your surviving spouse or partner, while also protecting the interests of your children from an earlier relationship.

You may feel that leaving everything outright to your partner is the simplest solution, particularly if you trust them to provide for your children later. While this approach works for some families, it carries significant risks. Once assets pass outright, your partner will have complete control and can spend, gift or redirect those assets as they see fit.

This can be problematic if:

  • your main asset is the family home;
  • your children are still young or financially dependent;
  • relationships between your partner and your children are strained; or
  • your partner remarries or enters a new long-term relationship.

In these situations, your children could be unintentionally disinherited, even if that was never your intention.

Using trusts to strike the right balance

Trusts are often a key feature of wills for blended families, as they allow you to retain greater control over how your estate is used and who ultimately benefits.

A life interest trust (sometimes called an ‘interest in possession’ trust) can allow your surviving spouse or partner to live in the family home or receive income from your estate during their lifetime, while ensuring that the capital ultimately passes to other beneficiaries, usually your children. This structure can provide security and stability for your partner, while reassuring your children that their inheritance has been protected.

In other situations, a discretionary trust may be more appropriate. This gives your trustees flexibility to decide how and when assets are distributed, taking into account changing circumstances such as financial need, health issues, relationship breakdowns or tax considerations.

It is important to take advice when considering trusts, as different types of trust can have very different tax consequences. The inheritance tax, capital gains tax and income tax treatment can vary depending on the trust structure used and on your personal circumstances. Whether you are married or in a civil partnership, as opposed to cohabiting, can also be highly relevant, particularly when considering available tax exemptions and reliefs.

In many cases, a trust is the most practical way to help you balance competing interests, protect vulnerable beneficiaries, and reduce the risk of conflict later.

Protecting your children’s inheritance

If you have children from a previous relationship, you may be particularly concerned about ensuring that they ultimately receive the inheritance you intend for them.

Without appropriate planning, assets can easily pass outside your family line. For example, if your partner inherits assets outright and later remarries, those assets may pass under their own will to a new spouse or stepfamily, rather than to your children.

Trusts, combined with careful drafting, can help ensure that your children inherit at the appropriate time, while still allowing your partner to be supported during their lifetime.

You should also consider assets that may fall outside your will altogether, such as pensions, life insurance policies and jointly owned property. These arrangements should be reviewed alongside your will to ensure they align with your overall estate planning objectives.

Inheritance Act claims and the risk of disputes

Wills involving blended families can be more susceptible to challenge after death.

Under the Inheritance (Provision for Family and Dependants) Act 1975, certain individuals may be able to bring a claim if they believe your will (or the rules of intestacy) does not make reasonable financial provision for them. This may include:

  • your spouse or civil partner;
  • a former spouse who has not remarried;
  • a cohabiting partner;
  • your children (including, in some circumstances, adult children); or
  • anyone who was financially dependent on you.

If expectations are unclear, or if provision appears unequal, disputes can arise and these claims can be expensive, time-consuming and emotionally draining for your family.

Clear drafting, realistic provision and careful consideration of potential claims can significantly reduce the risk of a successful challenge. Supporting documents, such as a letter of wishes, can also play an important role.

Keeping your will under regular review and the role of a letter of wishes

Keeping your will under regular review is particularly important if you have a blended family, as your personal and financial circumstances may change over time.

Marriage automatically revokes an existing will unless it was made in contemplation of that marriage. Divorce does not revoke a will, but it generally treats a former spouse as having died for inheritance purposes, which can lead to unintended consequences if your will is not reviewed. New relationships, stepchildren, changes in wealth, or the purchase or sale of property can all affect whether your will remains appropriate.

Alongside a well-drafted will, a letter of wishes can be an extremely helpful supporting document.

A letter of wishes is not legally binding, but it allows you to explain in your own words why you have made certain decisions in your will. This can be valuable if your estate is not divided equally, or if you have included trusts that give executors or trustees discretion over how assets are applied.

For example, your letter of wishes might explain:

  • why your partner has been given the right to remain in the family home;
  • why your children from an earlier relationship will inherit at a later stage;
  • why different children have received different levels of provision; or
  • how you would like your trustees to balance competing needs if circumstances change.

Letters of wishes can also give practical guidance to executors and trustees, helping them exercise their powers in line with your intentions. Importantly, they can usually be updated more easily than a will, making them a flexible way to reflect changes in your family dynamics or priorities without needing to redraft the will itself.

How we can help

We regularly advise clients on wills and trust structures tailored to a blended family. We can help you think through different scenarios, identify potential risks, and put clear, robust arrangements in place to reflect your wishes.

Our aim is to help you plan with confidence. With the right advice, you can protect your partner, provide fairly for your children, and significantly reduce the risk of disputes in the future.

For advice on making or reviewing a will for a blended family, please contact Lucy Brown, head of the private client team on 0191 297 0011 or by email at whitley.bay@kiddspoorlaw.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

Dealing with a death overseas – key legal considerations

Dealing with a death overseas – key legal considerations

Losing a loved one is never easy, but the situation can become even more complex when someone dies abroad. Whether your relative was living, working, or travelling overseas, you may find yourself facing an unfamiliar set of legal and practical steps before their affairs can be brought to a close.

As Lucy Brown, head of the private client team at explains:
‘When someone dies abroad, the emotional toll is often made worse by the uncertainty of what to do next. Our role is to guide families through each stage of estate administration – from registering the death and arranging repatriation, to dealing with overseas assets and foreign authorities – so that everything is handled properly and with care.’

Every international case is different. Some situations involve a holidaymaker passing away suddenly overseas, whilst others concern someone who had settled abroad or who split their time between two countries. The key to managing matters smoothly lies in understanding which country’s laws apply, what documents are needed, and how best to coordinate the process from the UK.

Immediate practicalities

When a death occurs outside the UK, the first step is to register it in the country where it happened. Local procedures vary widely – in some places, the death must be registered at a town hall or local registry office, while in others it is done through a hospital or police authority. The British Consulate can assist with the local process.

Once the death has been registered abroad, you can apply for a consular death registration through the UK authorities. This involves sending the foreign death certificate and a certified translation to the General Register Office, which can issue a UK record of the death for future use.

You may also need to decide whether to bring your loved one’s body home or arrange for burial or cremation abroad. Repatriation involves complex logistics including obtaining permits for transport, coordinating with both foreign and UK funeral directors, and complying with customs and health requirements. Costs can vary depending on distance and the level of consular assistance available. Some travel insurance policies include repatriation cover.

Even if the burial or cremation takes place abroad, you may still need translated copies of the death certificate, medical reports, and other documents for the estate administration. These translations must be carried out by certified professionals to ensure they are accepted by UK authorities and banks.

Cross border probate issues

After the immediate steps have been taken, you and your solicitor will be able to start dealing with your loved one’s estate. If they owned property, bank accounts, or other assets abroad, this may mean dealing with two or more legal systems.

In many cases, you will need to obtain probate in the UK to deal with assets here and a separate grant of probate (or its equivalent) in the country where the assets are located. Some countries accept a ‘reseal’ of a UK grant of probate, which is a simplified process recognising the UK document. Others require a full local application.

A crucial factor is domicile; the country your loved one regarded as their permanent home. Domicile can affect not only which laws govern the estate but also where inheritance tax is payable. Someone who lived abroad for some years might still be deemed UK domiciled if their long-term ties remained here. Conversely, those who had genuinely severed their UK connections may be treated as domiciled elsewhere, which can significantly change how their estate is administered.

If your loved one left a will, you will need to determine whether it covers their overseas assets or if there is a separate will in the foreign country. It is possible to have more than one valid will (one for the UK and one for another jurisdiction) but problems can arise if the documents are inconsistent and one revokes the other.

Conflict of laws

Every country has its own inheritance and succession rules. In England and Wales, people generally have freedom to decide how their estate is distributed. However, many countries operate under forced heirship systems, where certain relatives such as a spouse or children must receive fixed shares of the estate by law.

If your loved one was domiciled abroad, or owned property in a forced heirship jurisdiction, local law may override the terms of a UK will.  For example, in France, Spain, and Italy, a portion of the estate must pass to the deceased’s children, regardless of any contrary wishes expressed in their will.

The situation can be further complicated if the deceased had dual nationality or held property jointly with a foreign partner or relative. In such cases, careful analysis of the relevant laws is needed to establish which country’s law takes precedence.

Under the EU Succession Regulation (known as ‘Brussels IV’), individuals who owned property in certain European countries could elect for their home country’s law to apply to that property. Although the UK is no longer part of the EU, British nationals are still able to take advantage of the Regulation by including an express election in their wills. When dealing with an estate that includes EU assets, you will need to check whether the will contains such an election, as this can significantly affect how the estate is administered across jurisdictions.

Tax implications

When an estate includes assets abroad, there is often exposure to inheritance tax in more than one jurisdiction. The UK taxes estates based on domicile, while many other countries impose tax based on the location of assets. This can result in double taxation, where the same assets are taxed twice.

Fortunately, the UK has double taxation treaties with several countries. These treaties can allow relief or credit for tax paid overseas, reducing the overall burden. However, you must claim the relief correctly and provide appropriate documentation to HMRC.

Even when a treaty applies, you may still need to deal with differing tax rates, filing deadlines, and valuation rules. Exchange rate fluctuations can affect the estate’s value for tax purposes, and each country may have its own approach to deductions, exemptions, and spousal reliefs.

Professional advice can ensure that all taxes are correctly calculated, paid, and reported, and that no unnecessary liabilities arise. Missing a filing deadline or failing to provide the right documents can lead to penalties or additional tax being charged.

Practical challenges for executors

Dealing with an overseas estate can be administratively demanding. You may need to correspond with foreign lawyers, banks, consulates, or notaries, often in another language and under a different legal system. Accessing bank accounts or selling property abroad may require notarised or apostilled documents – that is, documents officially certified for use abroad.  Some authorities insist on in-person verification or local legal representation.

Delays are common, particularly where local processes are slow or where additional documents are required. Time zone differences and differing expectations about formality can also make communication challenging.

You may also need to handle practical issues such as closing utility accounts, transferring property title deeds, and ensuring compliance with both UK and foreign reporting obligations. These tasks can be time consuming, especially if you are also managing grief and family responsibilities. Having a solicitor coordinate and oversee the process can save considerable time and reduce stress.

How we can help

Our private client solicitors can advise on cross-border probate, and we have established links with trusted tax advisors, lawyers, and notaries in many jurisdictions.

We can take care of the entire process from registering the death and obtaining official translations, to securing probate and liaising with overseas authorities. Our goal is to ensure that everything is handled correctly, efficiently, and with sensitivity at what is often a very difficult time.

For clear, compassionate advice about dealing with a death overseas, contact Lucy Brown in our private client team on 0191 297 0011 or by email at whitley.bay@kiddspoorlaw.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

Probate: dealing with a mortgaged property during estate administration

When someone dies leaving property behind, the responsibility for dealing with it falls to the executors or administrators. But what happens if there is still a mortgage to pay or if the deceased had taken out an equity release loan? Navigating these issues requires particular care, particularly when family members are grieving and may be unsure of their legal duties.

Getting this right is crucial, not just for executors, but also for beneficiaries who may be relying on the sale of the property as part of their inheritance.

‘Some clients are surprised to learn that mortgages do not simply disappear when someone dies,’ comments Lucy Brown, Head of Private Client. ‘Whether it is a standard repayment mortgage or a more complex equity release scheme, the personal representatives need to act quickly and carefully to protect the estate and avoid unnecessary interest or penalties.’

Mortgages and probate – the basics

If the deceased owned a property with a mortgage, the loan does not end on death. It becomes a liability of the estate. This means the executor or administrator must ensure the lender continues to receive payments – or agrees to hold off receiving payments – until the property is sold or the estate has sufficient funds to repay the debt.

In most cases, the mortgage will be repaid from the proceeds of sale. However, where beneficiaries want to keep the property, they may need to remortgage in their own name or repay the loan using other assets once a grant of probate has been obtained.

It is essential to notify the mortgage lender promptly after the death, and to obtain up-to-date redemption figures to calculate what is owed.  Accurate knowledge of the redemption figure must be maintained throughout the administration, particularly where a sale or transfer of the property is imminent.

Equity release – what makes it different?

Equity release loans are often more complex. These arrangements allow homeowners over a certain age to borrow money against the value of their home, and the loan will usually be repaid from the sale of the property after death.

Interest typically rolls up over time, meaning the amount owed can increase substantially. Some plans include early repayment charges or conditions affecting when and how the property must be sold.

Executors must liaise with the equity release provider, understand the terms of the loan, and check whether there are deadlines or restrictions on selling the property. Professional advice is often needed to avoid breaching the terms of the loan and incurring extra costs.

Valuing and selling the property

One of the first steps in the probate process is obtaining a formal valuation of the property. Even if no tax is ultimately payable, an accurate open market valuation as at the date of death is still required. It is also important to obtain the mortgage balance on the date of death, as this is treated as a liability and deducted from the estate for inheritance tax purposes.

If the property is to be sold, executors must ensure it is secure, insured, and well maintained.

This includes:

  • arranging vacant property insurance, if required;
  • securing keys and alarm codes;
  • clearing out personal possessions;
  • dealing with utility providers and local council tax; and
  • selecting a reliable estate agent and solicitor to handle the sale.

Delays in selling can lead to increased mortgage interest costs, and this can affect the timing of distributions to beneficiaries.

Practical issues for executors

With a mortgaged property, executors must:

  • identify all charges registered against the property;
  • understand whether the estate can afford to keep the home, or if it must be sold;
  • manage communications with lenders and comply with any deadlines;
  • ensure debts are paid in the correct legal order; and
  • consider the wishes of beneficiaries, especially where there are emotional ties to the property.

These duties can be time-consuming and legally sensitive. Executors are personally responsible for getting it right and may be held liable if they make mistakes.

Impact on beneficiaries

The existence of a mortgage or equity release plan will reduce the amount of money available for beneficiaries. In some cases, a property expected to be worth a substantial sum may be heavily encumbered by debt, leading to disappointment or even a dispute.

If a beneficiary hoped to inherit the home, they may need to explore whether they can afford to take over the loan or refinance. In family situations, especially between siblings, this can lead to disagreements that are difficult to resolve without legal input.

Clear communication, transparency, and good financial advice are key to avoiding problems.

How we can help

Dealing with a property after someone dies requires careful attention, particularly where mortgages or equity release plans are involved. Our experienced team can:

  • advise you on your duties and legal responsibilities;
  • liaise with mortgage and equity release providers;
  • obtain property valuations for inheritance tax and probate;
  • guide you through the sale or transfer process;
  • help resolve disputes between beneficiaries; and
  • ensure the estate is administered efficiently and correctly.

We understand the emotional and financial pressures involved. With practical advice and expert legal support, we will help you navigate this process with confidence and clarity.

For expert advice about obtaining probate and the administration of an estate, including dealing with any mortgaged property, contact Lucy Brown in our private client team on 0191 297 0011 or via email at whitley.bay@kiddspoorlaw.com.

This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.

Client appreciation for Lucy

Our newest member to the Private Client team, Lucy Brown is already proving a hit with our clients, receiving a lovely card and box of chocolates.

On this occasion, it was an existing client of our firm who Lucy dealt with for the first time. The client required some specific assistance in relation to his status as a beneficiary of an estate being dealt with outside of the firm.  He was grateful for the assistance, support and reassurance Lucy was able to provide, so he popped into the office with a card and some chocolates.

At Kidd & Spoor, we are committed to providing a personal service to our clients. If you are looking for support and advice on wills, probate or estate administration, then our expert private client team are here to help on 0191 297 0011 or whitley.bay@kiddspoorlaw.com