Modern family structures have changed significantly. Second marriages, cohabitation, stepchildren, and blended financial arrangements are now common. However, estate planning has not always evolved at the same pace.
This disconnect is increasingly reflected in will disputes and claims under the Inheritance (Provision for Family and Dependants) Act 1975.
From a claimant’s perspective, the issue is often straightforward but deeply personal. what you believed you would receive does not match what has actually been left, particularly where there is a surviving spouse or partner from a later relationship.
Disputes commonly arise around the family home, changes made after the death of a Partner, and a lack of clear communication during lifetime. The family home is often the most valuable asset. Concerns frequently arise where a surviving spouse wishes to sell, release equity, or otherwise deal with the property in a way that appears to reduce what you may ultimately inherit.
There are also situations where a surviving spouse changes their own will or redirects assets, particularly in favour of their own children. This can be difficult to accept if there was an understanding that wealth would pass to you.
Many disputes stem from arrangements that were never properly implemented or updated following remarriage. Informal promises, outdated wills, or assumptions about “what will happen” can lead to real uncertainty and conflict.
Inheritance Act Claims in Blended Families
The Inheritance (Provision for Family and Dependants) Act 1975 allows certain individuals to bring a claim where reasonable financial provision has not been made.
Blended families increase both the likelihood and complexity of these claims. As a potential claimant, you may be an adult child from a previous relationship, a cohabiting partner, or someone who was financially dependent on the deceased. Your position may conflict directly with that of a surviving spouse.
It is common for estates in second family situations to prioritise the surviving spouse, sometimes leaving little immediate benefit for others. While that may provide security for them, it can leave you feeling excluded or unfairly treated, particularly where there was a clear expectation that you would benefit.
You may find yourself questioning whether:
- You have been left out or received less than expected
- The surviving spouse has been given control of most of the estate
- Your financial needs have been properly considered
- Prior understandings have been disregarded
Blended families often involve more complex financial relationships. You may have relied on the deceased, contributed to property, or been part of a shared household. These factors can be central when assessing whether reasonable provision has been made.
The family home is frequently the focal point. If a surviving spouse remains living there, your interest in the estate may be delayed indefinitely, creating tension between security for one party and access to capital for another.
Claims in this area are about fairness, need, and competing obligations. Courts must balance those factors carefully, which can make outcomes uncertain but also explains why claims are increasingly common in blended family scenarios.
How We Can Help
If you are considering a claim, early advice is key. Understanding your position, the strength of your claim, and the likely range of outcomes can make a significant difference to how matters are resolved.
We provide clear, pragmatic advice tailored to your circumstances. This includes assessing whether you have a valid claim, gathering the necessary financial and factual evidence, and advising on the best strategy to achieve a fair outcome.
Where possible, we focus on resolving disputes through negotiation or mediation, helping to limit cost and preserve relationships. Where that is not possible, we have extensive experience in pursuing claims through the courts.
Blended families inheritance disputes can be legally complex and emotionally challenging. A structured and informed approach can help you move forward with confidence and achieve a resolution that reflects your needs and expectations.
Contact Alastair Goggins or our Dispute Resolution team to find out how our experts can assist you with blended families inheritance disputes.