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Myth Busters Part 4: “My partner would never disinherit my children”

In the fourth in our Myth Busters series, Colin Glass, Partner in our Private Wealth Department looks at the misconceptions that persist around second marriages or relationships.

Human beings are complex creatures, and unlike those who mate for life, sometimes relationships unfortunately break down, people move on and form new relationships. In the UK, over 40% of marriages end in divorce.

Whether you remarry, enter a civil partnership or simply cohabit, this can have implications for both you and your family. Life gets in the way and sometimes important decisions are put on the back burner. Unfortunately, this can mean it is too late to rectify your legal position, resulting in unintended consequences which could be disastrous for your family.

The Next Generation

There are plenty of examples where one person who has children forms a new relationship with another person who may or may not have their own children. In most cases, the children and “new parent” get on well and everything is fine. However, I have come across several examples over my career where this is simply not the case and upon the death of one of the parties, depending upon the circumstances, the children of the other may not benefit from their deceased parent’s estate.

A Tragic Example

Over twenty-five years ago, I was instructed by person who lived with her mother, following her parents’ divorce. The daughter was over 18 at the time the following events occurred.

Her mother met someone else, and he moved into the family home. Whilst her mother and her new partner were away, they decided on the spur of the moment to get married. As you may be aware, marriage automatically revokes a will. Six months after returning from holiday her mother collapsed and died very unexpectedly. She never made a new will despite being advised to do so.

The result was that at the time the value of her estate (including the house) was below the value of an estate that automatically passed to a surviving spouse. This meant that her home passed to the new spouse—then he kicked her daughter out of the house. Although a claim was successfully made under the Inheritance (Provision for Family and Dependents Act) 1975, the situation caused the daughter unnecessary distress. Although her mother has said that her new partner always promised to look after her daughter if anything happened to her, this had never been formalised through a will.

It is worth noting that had the above events occurred today, the mother would be advised to ensure her new husband signed a pre-nup, or indeed a post-nup agreement which could have prevented the above events from occurring.

When both parties have children from previous relationships

When couples get together and both have children and assets from previous relationships, it is important that proper provision is made to ensure that it is fair to all the children. I have often sat in meetings where I discuss the various options available in this scenario and one person says, “My partner knows what I want and would never disinherit the children”. Unfortunately, this is far from reality and as has been proved since time immemorial, money does strange things to people. They do not always act as they promised to do so.

The Solution

The simple answer is to plan ahead, do not take anything for granted and take legal advice. By ensuring that your Will is always up to date, reflects your current circumstances and is properly drafted, your children will benefit from your respective assets.

By granting your new spouse/partner a life interest under the terms of your Will, not only can you protect them from being forced to move out of your property upon your death thus providing security for them, but you can also ensure that will be unable to  disinherit your children as you preordain what happens to your assets upon the death of your partner.

In the tragic example above, had the mother updated her Will, or made a will in contemplation of marriage, her daughter would have retained the whole of the property.

For more information concerning Wills, please contact a member of our Private Wealth Department, Rhea Rughani (TEP), Colin Glass or Vincenzo Mazzone.

For information regarding a Pre or Post Nup Agreements contact Susie Barter, Head of Family.

The information contained in this article is general guidance only. The application and impact of laws can vary widely depending on the specific facts involved. The information in this article is provided with the understanding that the authors and presenters are not giving legal, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional legal, tax or other competent advisers. Before making any decision or taking any action, you should consult a Child & Child professional.

Posted By Colin Glass

15 July 2025

Colin Glass
Partner