Estate Planning for Blended Families in Victoria

Navigating wills for blended families in Victoria often incorporates special legal structures to help ensure both your current partner and your biological children are fairly protected. Traditional estate planning strategies often fall short in modern family dynamics, which is why working with a dedicated succession law and estate planning lawyer in Melbourne is essential to help prevent unintended outcomes and to help reduce the risk of future family disputes.

Standard Wills for Blended Families Often Fall Short

When a couple signs standard “all to each other, then to the kids” Wills, they run a significant risk if they have a blended family.

In this scenario, if you pass away first, your entire estate transfers to your surviving spouse or partner. Your biological children are then entirely dependent on that spouse keeping their word and leaving the estate to them in the future.

If your spouse remarries, gets a new partner, or simply changes their Will after you pass away, your biological children can be left out. In Victorian law there is no automatic mechanism to prevent this - it requires proactive planning.

Importantly, a new marriage will itself revoke your spouse’s existing Will unless it was made in contemplation of that marriage, which can further disrupt your intended distribution.

Risk of Family Provision Claims / Testators Family Maintenance Claims (TFM Claims)

In Victoria, blended families often see a rise in claims being made against an estate for provision, or further provision in the Supreme Court of Victoria, where a Will fail to make adequate provision for a particular family member.

This can often be the case where a surviving spouse changes their Will, removing adult step-children in favour of their own adult children. This often occurs years after the death of their partner/spouse and following a shift in the relationship with their step-children, while maintaining a strong connection to their own biological children.

TFM Claims are expensive, time consuming, stressful and without guarantee of a desired outcome. There are also various requirements that must be met for an eligible applicant to be awarded further provision from a deceased estate by the Supreme Court of Victoria. Many times, an application cannot proceed because an adult step-child or spouse is unable to demonstrate a financial need, notwithstanding that they may have been eligible to bring a claim and successful in demonstrating a moral duty was owed.

It is essential for members of blended families to obtain proper legal advice to help reduce the likelihood of claims being made against their estate and to balance the competing needs of blended families by structuring their Will appropriately.

Strategic Solutions, for Blended Families

There are a number of strategies and frameworks that can be included in your Will with the assistance and advice of a Wills & Estates Lawyer to balance providing for your spouse while also protecting your children. Examples include incorporating a testamentary trust, life interests, rights to reside and, in limited circumstances, mutual will arrangements.

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This article provides information only, it is not legal advice. Reach out to Simmons Legal if you would like advice on your personal circumstances.