The short answer
Blended families are one of the situations where a standard will template is often not enough. A second marriage, children from earlier relationships, stepchildren and different asset ownership can create competing needs and statutory rights. The plan should be designed around the actual family, not forced into a generic “leave everything to my spouse” structure.
The challenge is usually understandable: you may want your current spouse to be secure while also wanting to ensure children from an earlier relationship ultimately receive what you intend.
Why “everything to my spouse, then the children” may not achieve what you expect
If assets pass outright to a surviving spouse, those assets become the survivor's property. Their later will, remarriage, spending, gifts or changed family circumstances can affect what is eventually left.
That does not mean leaving assets outright is wrong. It means it should be a deliberate decision rather than an assumption that the first person's children are automatically protected afterwards.
Your spouse or civil partner can have a legal right share
Under section 111 of the Succession Act 1965, a surviving spouse has a legal right to one-half of the estate where there are no children and one-third where there are children. Civil partners also have statutory succession rights under the legislation governing civil partnerships.
A will therefore cannot simply ignore those rights without considering the legal consequences.
Children and Section 117
Children do not have a fixed legal-right-share percentage equivalent to a spouse's share. However, section 117 of the Succession Act allows a child of a testator to apply to court where the testator is alleged to have failed in the moral duty to make proper provision for that child in accordance with their means.
The court considers the circumstances rather than applying an automatic percentage. A section 117 application must be made within the statutory time limit after representation is first taken out.
What about stepchildren?
Do not assume that calling someone your stepchild gives them exactly the same succession position as your own child for every purpose. If you want a stepchild to benefit, say so clearly in the estate plan and get advice on any tax implications.
A typical blended-family problem
Questions that need answering before drafting
- Who owns the home and how is it held?
- Does the surviving spouse need a home for life, an outright gift, or a different form of provision?
- Which children should ultimately receive which assets?
- Are any children financially dependent or vulnerable?
- Could a child plausibly bring a section 117 claim?
- Are there pensions, policies or jointly owned assets passing outside the will?
- What CAT consequences arise for each intended beneficiary?
Should blended families use a MakeAWILL.ie template?
MakeAWILL.ie does not currently offer a blended-family template. That is intentional. The combinations of statutory rights, earlier children, stepchildren, ownership and future control can require advice that a standardised document cannot responsibly provide.
If your family is genuinely blended, use an Irish solicitor who can review the full circumstances. The goal is not to make the document complicated for the sake of it. It is to avoid a simple document producing the wrong result.
Official references
- Succession Act 1965, section 111: surviving spouse's legal right
- Succession Act 1965, section 117: provision for children
Important: This article is general information, not legal or tax advice. Blended-family estate planning is highly fact-sensitive and is a strong case for bespoke professional advice.
0 comments