Blended families are increasingly common in England and Wales. Second marriages, long-term cohabiting relationships, children from previous relationships, stepchildren and informal family arrangements are now part of everyday family life. However, succession planning has not always kept pace with this change.
The traditional assumption that an estate will pass smoothly to a surviving spouse and then to children is often no longer straightforward. Where there are competing expectations between a new spouse or partner, children from an earlier relationship, stepchildren, dependants, or other family members, disputes can arise quickly after death.
In many cases, the dispute is not simply about money. It may reflect long-standing family rivalry, feelings of exclusion, concerns about fairness, or a belief that the deceased failed to make proper provision for someone who was financially dependent on them.
Where no provision, or inadequate provision, has been made, a claim under the Inheritance (Provision for Family and Dependants) Act 1975 may become necessary.
The Changing Shape of Modern Families
Historically, inheritance planning often assumed a “nuclear family” structure: a married couple and their shared children. In that context, it was commonly expected that assets would pass to the surviving spouse and then, eventually, to the children.
Modern family structures are often more complex. A person may leave behind:
- a spouse or civil partner from a later relationship;
- children from a previous marriage or relationship;
- stepchildren who were treated as children of the family;
- a long-term unmarried partner;
- financially dependent adult children;
- minor children;
- former spouses or civil partners;
- vulnerable relatives or dependants; or
- beneficiaries who do not get along with one another.
These circumstances can create tension between the deceased’s legal freedom to leave their estate as they choose and the financial needs of those who may reasonably have expected provision.
Testamentary Freedom and Its Limits
In England and Wales, a person generally has testamentary freedom, meaning they may choose who should inherit their estate under their will.
However, that freedom is not absolute.
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain categories of people to bring a claim against an estate where the will, or the intestacy rules if there is no will, fails to make reasonable financial provision for them.
This does not mean that every disappointed beneficiary can challenge an estate. A 1975 Act claim is focused on whether the applicant is eligible and whether reasonable financial provision should have been made for them, taking into account their circumstances and the circumstances of the estate.
Who Can Bring a 1975 Act Claim?
A claim may be brought by certain eligible applicants, including:
- a spouse or civil partner of the deceased;
- a former spouse or former civil partner who has not remarried or entered into a new civil partnership;
- a person who lived with the deceased as if they were a spouse or civil partner for at least two years immediately before death;
- a child of the deceased;
- a person treated by the deceased as a child of the family, which may include a stepchild in appropriate circumstances; or
- a person who was being financially maintained, wholly or partly, by the deceased immediately before death.
This is particularly relevant in blended families, where a stepchild, cohabiting partner, or financially dependent person may not automatically inherit under a will or the intestacy rules but may still have a potential claim.
Why Blended Families Can Lead to More Estate Disputes
Estate disputes in blended families often arise because expectations are not clearly managed during the deceased’s lifetime.
Common causes include:
- a will leaving everything to a new spouse, with children from a previous relationship receiving nothing;
- a belief that the surviving spouse will “do the right thing” and later pass assets to the deceased’s children;
- children from a first marriage feeling displaced by a later spouse or partner;
- stepchildren assuming they will inherit, despite not being legally provided for;
- unmarried partners discovering they have no automatic entitlement under the intestacy rules;
- adult children with financial need being excluded from a will;
- unequal gifts between different branches of the family;
- promises made during lifetime not being reflected in the will;
- lack of financial planning where there are competing family obligations; and
- executors or beneficiaries delaying or refusing to engage with those who may have a valid claim.
Where there has been little forward planning, the estate may become the focus of unresolved family conflict.
Financial Need and Reasonable Provision
For most applicants under the 1975 Act, the court considers whether the estate makes reasonable financial provision for their maintenance. Maintenance is not limited to bare subsistence, but it does not usually mean a right to share equally in the estate.
For a spouse or civil partner, the assessment is broader. The court considers what financial provision would be reasonable in all the circumstances, whether or not required for maintenance. This may include consideration of what the spouse might have received on divorce, although that is not the only factor.
The court will consider matters such as:
- the applicant’s financial resources and needs;
- the financial resources and needs of other beneficiaries;
- any obligations or responsibilities the deceased had towards the applicant or beneficiaries;
- the size and nature of the estate;
- any physical or mental disability of the applicant or beneficiaries;
- the conduct of the parties, where relevant; and
- any other matter the court considers relevant.
In blended family disputes, the court may need to balance the needs of a surviving spouse or partner against the needs and expectations of children from a previous relationship
When a 1975 Act Claim May Be Necessary
A 1975 Act claim may be appropriate where an eligible person has been left without reasonable financial provision from the estate.
Examples may include:
- a long-term partner who lived with the deceased but was not married and receives nothing under the will or intestacy rules;
- a child from a previous relationship who was financially dependent on the deceased;
- a stepchild who was treated as a child of the family but was excluded from the will;
- a spouse who receives insufficient provision to meet their housing or income needs;
- an adult child with significant financial need or vulnerability; or
- a person who was maintained by the deceased and loses that support on death.
Claims under the 1975 Act are subject to a strict time limit. Proceedings should usually be issued within six months from the date of the grant of probate or letters of administration. Claims can sometimes be brought outside that period, but only with the court’s permission.
Conclusion
Blended families are now a central feature of modern family life, but inheritance planning often remains based on outdated assumptions. Where there is no clear planning, no will, an outdated will, or a will that excludes someone with genuine financial need, disputes can arise.
The Inheritance (Provision for Family and Dependants) Act 1975 provides an important route for eligible individuals to seek reasonable financial provision from an estate. As awareness of these claims increases, more people are prepared to explore whether they have a valid claim, particularly where they believe the deceased failed to make proper provision for them.
Clear, forward-thinking estate planning remains the best way to reduce uncertainty. Where disputes do arise, early consideration of the parties’ financial needs, the terms of the will (if applicable), the size of the estate and the relevant family relationships is essential.
If you have concerns about provision made under a will or estate, or you are facing a potential inheritance dispute, please contact us for guidance and legal advice on the options available to you.
