Wills for blended families in Adelaide
Blended families need careful estate planning. Rights of residence, testamentary trusts, and specific gifts help protect both the new partner and the biological children.
Blended families are one of the most common reasons families come to us. The challenge: providing for a new spouse while making sure biological children eventually inherit the assets. It's solvable – with careful drafting.
The core tension
In a blended family, a testator usually wants:
- Their new partner to live securely for the rest of their life
- Their biological children (from a previous relationship) to ultimately inherit the family assets
- Step-children to be treated fairly but not necessarily equally
A straightforward ‘everything to my spouse’ will fails the first goal. A straightforward ‘everything to my kids’ will fails the second. Blended-family drafting balances both.
Tools we use
Rights of residence
A right of residence lets the surviving partner live in the family home for life (or until re-partnering), while the underlying property eventually passes to biological children. This protects the partner without disinheriting the children.
Testamentary trusts
A testamentary trust allows income to flow to the surviving partner while capital is preserved for biological children. The trustee controls distributions, often with clear rules about what the partner is entitled to during their lifetime.
Specific gifts
Some assets pass specifically – family heirlooms to biological children, the family home to a testamentary trust, superannuation to the new partner directly. Careful asset-by-asset drafting addresses blended-family dynamics.
Mutual wills
Less common but sometimes appropriate. Mutual wills are a binding agreement between two people that neither will change their will without the other's consent. They're a strong tool in blended families but legally complex.
Family provision claim risks
In South Australia, spouses, children, and some other dependents can make family provision claims against the estate if they feel inadequately provided for. Blended families are higher-risk for these claims – careful drafting and clear documentation of reasons help reduce the risk.
Superannuation and the blended family
Super is a particular area of risk in blended families. A binding death benefit nomination to the new spouse can be substantial – and legally separate from the will. Make sure the super and the will are aligned.
The conversation
Blended family estate planning often involves sensitive conversations across the family. Sam's approach is careful and confidential – sometimes meetings with both partners, sometimes separate confidential conversations, always aligned at the drafting stage.
Summary
Blended families are one of the core areas Sam works in. Rights of residence, testamentary trusts, specific gifts, and aligned super nominations combine to protect both the surviving partner and the biological children.
Talk to Sam about your situation
If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our wills service, or book a consultation.
Related reading
Disclaimer: This article is general information only and does not constitute legal advice. Estate planning is deeply personal - every family's circumstances are different. For advice specific to your situation, please contact Rosewood Succession Solicitors.