Wills

Second Marriage Will UK: Blended Families, Stepchildren and Trusts (2026)

Getting married automatically revokes your existing will. In a blended family, a poorly structured new will can accidentally cut your own children out of their inheritance.

12 May 2026·9 min read

First — do you need a new will?

If you have recently remarried and have not written a new will, you are currently intestate. Your existing will (from before the marriage) was automatically revoked by the marriage under section 18 of the Wills Act 1837. Your estate will pass under the intestacy rules — which take no account of your stepchildren, your children from your first marriage, or your actual wishes.

The blended family problem

In a first marriage with straightforward circumstances, “everything to my spouse, then to our children” works well. In a second marriage with children from previous relationships, the same structure can produce deeply unintended results.

Consider this common scenario:

Robert has two children (aged 18 and 21) from his first marriage. He remarries Jane, who has one child (aged 16) from her first marriage. Robert leaves everything to Jane in a simple will. Robert dies. Jane inherits everything. Five years later, Jane remarries. Jane then dies, leaving everything to her new husband. Robert's two children — his biological children — inherit nothing from the estate he spent his life building.

This is not a legal error. It is the foreseeable consequence of a “simple will” in a blended family. The solution is a life interest trust.

What is a life interest trust?

A life interest trust (also called an interest in possession trust) is a trust structure within your will that:

Gives your surviving spouse the right to use the trust property during their lifetime (for example, to live in the house rent-free and receive income from investments)
Does not give the surviving spouse ownership of the underlying capital
On the death of the surviving spouse, the capital passes to your children

This means your spouse is fully provided for during their lifetime, but your children are protected because they are entitled to the capital — your spouse cannot sell it, give it away, or redirect it in their own will.

Life interest trust vs simple will: comparison

Factor	Simple “everything to spouse”	Life interest trust
Surviving spouse's security	Full — outright ownership	Full — can live in property, receive income
Protection for your children	None — spouse can redirect everything	Capital protected — passes to your children on spouse's death
Survivor remarries?	Your children may be cut out entirely	Trust capital still passes to your children
Survivor loses capacity?	Attorney could redirect assets	Trustees manage — governed by trust deed
Complexity	Simple	More complex — requires trustees, trust administration
IHT treatment	Spousal exemption on first death	Spousal exemption on first death; periodic IHT charges may apply on trust

Stepchildren and the will

Stepchildren who have not been legally adopted have no automatic inheritance rights under intestacy. If you want your stepchildren to benefit from your estate, you must name them explicitly in your will by their full names. The phrase “my children” does not include them.

In a blended family, the question of treating children and stepchildren equally is a personal one. Wills can be structured to give equal shares to biological and step-children, to give specific gifts to stepchildren while leaving the residue to biological children, or any combination. This is entirely your choice — but it must be explicitly stated in the will.

When to consider a solicitor

A DIY will kit is appropriate for most straightforward situations. For second marriages with children from previous relationships, the complexity of the family dynamics — and the potential for inheritance disputes — makes professional advice particularly valuable.

Consider instructing a solicitor if:

You want to create a life interest trust (requires correct technical drafting)
Your estate is likely to exceed the nil-rate bands
There are children from multiple relationships with competing claims
You want to make mutual wills
There are concerns about future challenges to the will

For couples who want the life interest trust structure without solicitor costs, some online will services offer trust-based will templates with guidance. WillSafe's standard will kit covers most blended family scenarios; complex trust drafting requires solicitor involvement.

Guardian appointments in blended families

If either partner has children under 18, guardian appointments are essential. In blended families, it is important to be clear: a guardian appointment in your will applies only to children for whom you have parental responsibility. Your new spouse does not automatically have parental responsibility over your biological children from a previous relationship.

Frequently asked questions

Does getting married invalidate my existing will?▼

Yes — marriage automatically revokes any will made before it under section 18 of the Wills Act 1837, unless the will was expressly made in contemplation of that specific marriage. If you remarry and do not make a new will, your estate passes under the intestacy rules. Those rules prioritise your new spouse and your children — but not in a way that is tax-efficient or that reflects complex blended family arrangements.

Do stepchildren inherit under intestacy?▼

No. Stepchildren have no right to inherit under intestacy rules in England and Wales unless they were legally adopted. If you die without a will and have no biological or adopted children, your estate passes to your new spouse. If you have biological children, they and your spouse share the estate under the statutory legacy rules. Stepchildren receive nothing unless named in a will.

What is a life interest trust and why is it used in second marriages?▼

A life interest trust (or interest in possession trust) holds assets for the benefit of your surviving spouse during their lifetime, then passes to your children on your spouse's death. This gives your spouse security — they can live in the house and use the income from the estate — while ensuring your children ultimately inherit the capital. It is the most widely used structure for blended family estate planning.

What is the risk of a simple 'everything to my spouse' will in a second marriage?▼

If you leave everything to your new spouse and they later remarry, change their will, or lose mental capacity, your children from your first marriage may receive nothing. Your spouse becomes the sole owner of your assets and can do whatever they wish with them. A life interest trust prevents this by holding the assets in trust, protected for your children.

Can mirror wills protect children from a first marriage?▼

Mirror wills — where each partner makes identical wills leaving everything to the other — are common but often unsuitable for blended families. The survivor inherits everything outright and is then completely free to change their own will, disinheriting the deceased partner's children. Mirror wills can be appropriate for simple blended families with good family dynamics, but mutual wills or trust-based wills offer stronger protection.

What are mutual wills and are they enforceable?▼

Mutual wills are wills made by two people under an agreement not to change them after one has died. Unlike mirror wills, mutual wills create an enforceable trust obligation on the survivor. However, they are controversial — they can cause unfairness to a surviving spouse whose circumstances change — and must be drafted very carefully by a solicitor. They are rarely the right choice without specialist advice.

How does inheritance tax work for blended families?▼

The spousal exemption applies to all transfers between married spouses regardless of family structure. However, in second marriages with children from first relationships, IHT planning is more complex. If a life interest trust is used, the trust assets may attract IHT periodic charges (10-year anniversary charges at up to 6%) and exit charges. The residence nil-rate band may be affected if the property is held in trust rather than passing directly to direct descendants. Specialist IHT advice is strongly recommended for blended family estates over £500,000.

Write your new will after remarriage

Your previous will was revoked when you married. WillSafe UK will kits cover the most common blended family structures from £39.99. For life interest trusts and complex arrangements, consult a solicitor.

See will kit options

Does marriage cancel a will UK?

Yes — and how to make a will in contemplation of marriage

Mirror wills UK: the couples guide

When mirror wills work — and when they don't

Appointing a guardian for your children in your will

Parental responsibility in blended families

Inheritance tax changes 2026 UK

NRB freeze and pension IHT from April 2027

This article is for general information only and does not constitute legal advice. Laws described apply to England and Wales. Life interest trusts and complex blended family arrangements require specialist legal advice. Consult a solicitor if your estate is complex or involves trusts. Correct as of May 2026.