Probate in Blended Families: What You Need to Know to Protect Your Loved Ones

Modern Families Need Modern Planning

Today, families come in all shapes and sizes – and more and more households include children, stepchildren, and partners from previous relationships. While love binds these families together, the legal system doesn’t always make things simple when it comes to handling estates.

If someone in a blended family dies without a clear plan in place, it can quickly become complicated. That’s where probate – and more importantly, proper probate planning – comes in.

In this blog, we’ll explain:

What probate is
Why probate matters so much in blended family situations
How to avoid common pitfalls
And how Soteria Planning can support you through it.

What is Probate?

Probate is the legal process of managing and distributing someone’s estate after they’ve died. It involves validating their Will (if one exists), handling debts, and ensuring all assets go to the right people.

If there's no Will, the estate is divided according to a strict legal framework called the rules of intestacy. These rules don’t always reflect the complexities of modern families.

Why Probate Gets Complicated in Blended Families

Let’s say a parent passes away and is survived by their second spouse and children from a previous marriage. Who gets what? What if some assets were shared, but others were owned before the new relationship?

Here are just a few issues that commonly arise:

Children unintentionally left out: If a Will hasn’t been updated, biological children may receive less than intended – or nothing at all.
Unclear executor roles: Executors (those legally responsible for probate) may not be agreed upon across both sides of the family.
Potential disputes: Inheritance disagreements are more likely when family dynamics are complex.

Probate provides a clear framework – but it only works well if the right planning is in place first.

What Happens If There’s a Will?

If the deceased left a valid Will, things are usually much more straightforward.

The Will names:

Executors (the people handling probate)
Beneficiaries (those who inherit)

However, in blended families, a Will should be reviewed regularly to ensure it reflects the current family structure. For example:

Has someone remarried?
Are there new children or stepchildren to consider?
Has property ownership changed?

A Will written 10 years ago may not reflect today’s intentions.

What If There’s No Will?

Without a Will, intestacy laws decide how the estate is divided. And unfortunately, they don’t always take stepchildren or unmarried partners into account.

For example:

A surviving spouse may inherit the majority of the estate, leaving little or nothing for children from a previous relationship.
Stepchildren have no automatic legal right to inheritance unless they were formally adopted.

This is where misunderstandings and tension can quickly grow – and probate becomes a far more stressful process.

Common Questions About Probate in Blended Families

Who applies for probate in a blended family?
Usually, the executor named in the Will. If there’s no Will, the law decides based on next of kin – and this can cause disagreement between step-relatives and biological family members.

Can stepchildren be included in the Will?
Absolutely – but they must be named. Stepchildren aren’t recognised by intestacy law unless adopted.

Can someone contest the Will?
Yes. Family members who feel they’ve been unfairly left out can make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

How can we avoid probate issues later?
By planning now. A clear Will + expert guidance = peace of mind.

How Soteria Planning Can Help

At Soteria Planning, we’re here to guide families through the entire probate process – from start to finish – with care, clarity, and qualifications you can trust.

We’re not a faceless corporation, and we’re not a one-man band. We sit right in the middle, offering the expertise of a legal team and the warmth of a family firm.

Our probate services include:

Will reviews and updates
Full estate administration support
Advice on how to navigate blended family needs
Qualified support from STEP and legally trained professionals

Let’s Get It Right – Together

Blended families deserve better than one-size-fits-all probate. Whether you're updating your Will or handling an estate after a loved one has passed, we're here to support you with sensitivity and skill.

📞 Book a free consultation today
📩 Or message us directly at soteriaplanning.uk