Wills for blended families

Short answer: Mixed families are a common occurrence in contemporary Australia, and they need a Will more than most. Without one, the intestacy rules may favour your current partner over children from an earlier relationship, and stepchildren may receive nothing.

Name everyone, clearly

It is best practice to ensure that each close family member is specifically referenced in your Will and each gift is clearly set out. This reduces the chance of someone arguing they were forgotten or accidentally left out.

Tools that help blended families

• Life Interest: let your partner live in the family home for their lifetime, with the property then passing to your children. See Leaving a Life Interest in your home.
• Testamentary trust: hold your children's inheritance under the control of a trustee you choose until they reach an age you nominate.
• Specific gifts: leave particular items or amounts to particular people.
• Exclusion clause: RapidWills provides a specific "exclusion clause" through which you can nominate an excluded person. Not all exclusions will be valid (see below).

Can my Will be challenged?

Yes. In every State and territory, certain people (such as a spouse, partner, child or stepchild, depending on the jurisdiction) can apply to the court if they believe your Will did not adequately provide for them. A Will which fails to provide support for eligible dependants, spouses or children may be successfully contested, even if you specifically exclude those persons.

Check how your home is owned

If you own your home with your partner as joint tenants, it passes to them automatically when you die, whatever your Will says. That can unintentionally cut out your children. Check your title, and speak with a lawyer if you are unsure.

When to see a lawyer

If a family member is likely to contest your Will, or your Estate includes a business or family trust, speak with an experienced Wills and Estates lawyer first.