When making a Will, especially in blended family situations, it’s vital to ensure your intended beneficiaries (like your children) receive what you want them to. Without careful planning, assets can move sideways into the hands of unintended individuals, such as a new partner. Here’s how that happens and what you can do to prevent it.
What is sideways disinheritance?
Sideways disinheritance refers to the unintentional exclusion of beneficiaries—often children—from an inheritance because the surviving spouse remarries or changes their Will. This is most common when mirror Wills are used. In many cases, making life transitions like remarriage can revoke prior Wills or alter their effectiveness under intestacy laws.
How sideways disinheritance happens
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Marriage revokes Wills (in England & Wales) - Getting married often automatically nullifies existing Wills. If no new Will is made, the estate is distributed under intestacy, possibly excluding your original beneficiaries.
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Outdated mirror Wills - Mirror Wills (paired identical Wills between partners) may fail to account for remarriage, leading to circumstances where children from a previous relationship are unintentionally excluded.
Example scenario:
John and Anna make mirror Wills leaving everything to each other, then to their children. Following their divorce, John remarries but doesn’t update his Will. When John dies, intestacy rules might result in assets passing entirely to his new spouse, cutting out his original children.
Why it matters
Losing control over asset distribution can cause emotional and financial strain on those left behind. Your legacy could end up benefiting individuals you never intended, unless protective measures are in place.
How to avoid sideways disinheritance
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Review and update your Will regularly
Keep your Will current after major life events such as marriage, divorce, remarriage, childbirth, or changes in assets.
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Include all children clearly
Explicitly name children from all relationships in your Will to avoid ambiguity and ensure they are included.
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Use protective trusts (e.g. life interest trusts)
Trusts (particularly life interest trusts) can safeguard portions of your estate. They allow your surviving spouse to benefit during their lifetime while ensuring assets ultimately pass to your chosen beneficiaries regardless of remarriage or Will changes.
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Discuss plans with loved ones
Open conversations can clarify intentions and reduce the risk of misinterpretation or unintended outcomes.
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Opt for tailored legal advice
Estate planning in blended families can be complex. A custom Will or trust structure designed by professionals can help ensure your wishes stand firm—even if circumstances shift.
Get your Will in place and up to date today
To truly ensure that your estate reflects your wishes and to protect loved ones from unintended exclusion, updating your Will and considering trust mechanisms is essential. Create or update your Will with Wills Services today and safeguard your legacy with confidence and care.
