Blended families are becoming more common, and second marriages bring together couples with children from previous relationships. While many couples intend to ensure that everyone in the family is provided for, without the correct estate planning it can lead to an unintended outcome known as sideways disinheritance.
This occurs when assets intended to benefit one spouse’s children ultimately pass to the other spouse’s family instead.
At Johnson Astills we can provide expert guidance on estate planning to help reduce the risk of sideways disinheritance and ensure your wishes are carried out as intended.
What Is Sideways Disinheritance?
Sideways disinheritance occurs where a person leaves their entire estate to their spouse, assuming that their children will inherit the remaining assets after the spouse’s death.
However, once the surviving spouse inherits those assets, they become the legal owner and are free to deal with them as they wish. This includes:
- Changing their will
- Leaving assets to their own children
- Remarrying and benefiting a new spouse
- Spending or gifting the assets during their lifetime
In these circumstances, the original testator’s children may receive nothing from their parent’s estate.
Sideways disinheritance is rarely intentional, but it is a risk that arises. Johnson Astills can help ensure that your wishes are carried out and that both your spouse and children are properly provided for.
How can Sideways Disinheritance be avoided?
Life Interest Trusts
Allows the surviving spouse to benefit from the assets during their lifetime (for example, living in the property or receiving income) and upon their death, the asset passes to final beneficiaries, usually the testators children.
Rights of Occupation
A right to occupy is a legal right that allows someone to live in a property without owning it, often for life or until a specified event such as remarriage. The property itself is usually held in trust for the ultimate beneficiaries.
If you are reviewing your estate planning following a marriage or change in family circumstances, and seeking professional advice please contact our Wills and Probate Team at Johnson Astills at our Leicester office on 0116 255 4855 or our Loughborough office on 01509 610 312, or fill in our free online enquiry form and one of our friendly team will be in touch.
