Blended Families and Wills: Protecting Those You Love

Blended Families and Wills: How to Protect Everyone You Love 

Families come in all shapes. Yours might include children from a previous relationship, a partner who was never legally married to you, a stepchild you have raised since they were small, or an ex-spouse who is still connected to your life. Blended families are increasingly common in New Zealand, and they can bring some estate planning considerations that are worth being aware of. 

A standard Will is built around a fairly straightforward picture of family. Without careful thought, it can leave out people you care about or unintentionally benefit others. This article is intended as general information to help you think through some of the key questions. It is not legal advice, and if your situation is complex, speaking with a qualified legal professional is a good idea. 

What counts as a blended family? 

A blended family is generally one where one or both partners have children from previous relationships. It might also include situations where you have children together but also bring children from earlier relationships into the household. There is no single legal definition, and the considerations will vary from one family to the next. 

Things worth thinking about if you have a blended family 

Here are some of the situations that commonly come up when people with blended families think about their Wills. These are not predictions about what will happen in your case, just areas that are worth being aware of. 

What happens if your partner outlives you. 

If you leave your entire estate to your current partner and your partner later passes away, their estate goes to their own beneficiaries. Depending on how their Will is written, that may or may not include your children from a previous relationship. It is worth thinking about what you would want to happen in that scenario. 

Stepchildren and automatic inheritance. 

Under New Zealand law, stepchildren do not automatically have the same inheritance rights as biological or adopted children. If you have raised a stepchild and would like them to be included in your estate, that would generally need to be reflected in your Will. 

Former partners and estate claims. 

In some circumstances, a former spouse or partner may be able to make a claim on your estate under New Zealand law, particularly where there was no clear financial separation. This is an area where legal advice is worth seeking if you have any uncertainty. 

Providing for your current partner. 

If your Will primarily benefits children from a previous relationship, your current partner may not be well provided for if you were to pass away unexpectedly. Thinking through both sides of this can help you reach a balance that reflects what you actually want. 

Some approaches people consider 

There is no single right answer for blended families. The following are approaches that come up commonly, though what is appropriate will depend entirely on your own circumstances and, where relevant, advice from a legal professional. 

• Being specific about who you want to benefit, and naming them clearly in your Will. 

• Reviewing your Will when your family situation changes, such as after a new relationship, a separation, or the arrival of a new child. 

• Having open conversations with the people involved where that feels possible. Clarity now often prevents conflict later. 

The Family Protection Act 

New Zealand's Family Protection Act gives certain people, including children, stepchildren treated as one's own, and spouses or partners, the ability to make a claim on an estate if they believe they have not been adequately provided for. A Will that clearly sets out your intentions and makes reasonable provision for those who depend on you can help reduce the likelihood of a successful claim, though it does not remove the possibility entirely. 

If you have concerns about this in your specific situation, legal advice is the appropriate next step. 

A good place to start 

If you have a blended family and do not yet have a Will, or your current Will no longer reflects your family as it is today, reviewing or creating one is a worthwhile step. You can update your Will as your circumstances change over time. 

Ready to get started? Visit myfootprint.co.nz to create or update your Will today. 

This article is general information only and is not a substitute for legal advice. If your situation is complex, we recommend talking to a legal professional.