Estate planning can be difficult and stressful, but for blended families there’s an added overlay of complexity.
According to the community demographic website, profile.id.com.au, as of 2021, blended- and step-families make up around 12 percent of Australian households.
For these families, ensuring every person is treated fairly, is a significant challenge where the needs of the current spouse, shared children, and children from previous relationships need to be considered. To avoid legal problems and damaged relationships, adequate planning is essential.
It begins with an open and honest communication with family members which, while uncomfortable, can help to prevent misunderstandings and potential disputes after you’re gone. A financial or estate planning professional can help you work through the legal process, and even facilitate difficult conversations.
The Australian legal system provides the following tools to support blended families and ensure your wishes are honoured.
Wills
A professionally-drafted Will is the main element in any estate plan enabling you to specify how assets are to be distributed.
For blended families, it’s vital that ambiguity be avoided so a well-written Will ensures your wishes are clearly articulated.
Mutual Wills
Mutual Wills are used by couples who agree that their Will won’t change if one partner dies. They are handy when children are involved because they offer reassurance that children from previous relationships are included in an inheritance.
While many couples find Mutual Wills are the perfect planning solution, they can be inflexible and surviving partners may be restricted from using or selling some of the assets, particularly if they remarry.
Testamentary Trusts
A Testamentary Trust is created as part of a Will, coming into effect after your death.
They provide control over your estate by managing asset distribution and avoiding family disputes or creditor claims.
Testamentary Trusts are helpful when children are involved, ensuring their inheritances and assets are protected.
On the downside, they can be costly, and complex to set up and administer, and legal advice is imperative.
Binding Financial Agreements (Prenup/Postnup)
Binding Financial Agreements (BFAs) are agreements drawn up prior to a marriage (prenup) or after the marriage (postnup).
They aim to clarify expectations regarding property ownership and financial arrangements to avoid future disagreements or claims on the estate by a surviving spouse.
BFAs can offer the couple a sense of security and clarity and are useful in protecting assets, however, as they are relatively new to Australia, the law around them is still evolving.
As a result, they can be overturned by a Family Court if you do not receive appropriate legal advice or the agreement was not properly drafted.
Additionally, they don’t always allow for future changes such as children not yet born, or variations to income or health.
Ultimately, of course, when drafting any estate plan, it’s important that you think carefully about how each member of a blended family is considered – not just now, but into the future.
There are several ways to structure your Will. For example, you might allocate a percentage to each beneficiary, or perhaps distribute specific assets to individuals. Whatever you decide, be certain to document your rationale behind all your decisions.
Seek professional guidance to reduce confusion and support you in determining the best tools for tailoring an estate plan that reflects your family’s unique situation.
Peace of mind comes with knowing your family’s future financial security will be managed, but it’s important to note that no estate plan is a set-and-forget.
Regular reviews are essential as family circumstances rarely stay the same. Marriages begin and end, children are born, grow up, have their own families.
Your estate plan should be revised at least every couple of years and especially after any major life event.
Estate planning for blended families can be complicated. But with planning, professional advice and thoughtful conversations, you can be confident that your loved ones will be protected.
Consider speaking with one of our advisers to make sure you’re on track moving forward.
