How Second Marriages Affect Inheritance Disputes

A second marriage can significantly affect how a person's estate is distributed at death and can give rise to inheritance disputes. In England and Wales, the legal position is governed by a combination of statutory rules, primarily the Intestacy Rules, the Inheritance (Provision for Family and Dependants) Act 1975 (“1975 Act”), and the requirements for a valid Will.

When someone marries for the second time, it can unintentionally change the way their estate passes on death, especially if they fail to update their Will. These legal rules create roles and potential rights for a surviving spouse, children from earlier relationships, stepchildren and other dependants. This article explains those rules and the practical issues that can lead to disputes.

1. The Legal Framework

1.1 Intestacy Rules

If a person dies without a valid Will (intestate), succession is determined by statutory intestacy rules contained in the Administration of Estates Act 1925 and associated legislation.

Under these rules:

• A surviving spouse or civil partner is first in line to inherit.
• A stepchild has no automatic right to inherit unless they were formally adopted by the deceased.
• Children from prior relationships only inherit automatically under intestacy if they are the deceased's biological or adopted children.

This means that a second spouse may inherit the majority of an estate even if the deceased had children from a previous marriage.

1.2 Wills and Second Marriages

In England and Wales:

• Marriage automatically revokes an existing Will, unless that Will was explicitly made in contemplation of that specific marriage.

This rule has significant consequences in second marriages. A person who remarries and fails to make a new Will may unintentionally disinherit children from a first relationship. The estate will instead pass according to intestacy, which prioritises the surviving spouse and may reduce or eliminate what children receive.

1.3 The Inheritance (Provision for Family and Dependants) Act 1975

The 1975 Act allows certain individuals to apply to the court for reasonable financial provision from a deceased person's estate if they believe the Will or the intestacy distribution does not make adequate provision for them.

Qualifying applicants include:

• The deceased's spouse or civil partner;
• A former spouse who has not remarried;
• A child of the deceased; and
• Persons treated as a child of the family (which can include stepchildren in certain circumstances).

A claim is typically made in the County Court or High Court, and must normally be issued within six months from the date probate is granted.

2. Key Issues in Second-Marriage Inheritance Disputes

2.1 Stepchildren and Inheritance

Stepchildren have no automatic inheritance rights under either the intestacy rules or the terms of a will. They only acquire rights if one of the following applies:

• They were legally adopted by the deceased; or
• The deceased's Will explicitly includes them as beneficiaries.

If neither condition is met, stepchildren may be completely excluded from the estate, even if they lived with the deceased for many years.

2.2 Claims under the 1975 Act

A stepchild (or other dependant) who did not inherit can apply for reasonable financial provision under the 1975 Act if they can show that they:

• Were treated as a child of the family; or
• Were financially dependent on the deceased before death.

The court will evaluate factors such as:

• The needs and resources of the applicant;
• The size and nature of the estate;
• The relationship between the applicant and the deceased; and
• Any competing claims, such as for a surviving spouse or natural children.

An award under the 1975 Act can take the form of lump sums, periodic payments, or property transfers, but it is discretionary and not guaranteed.

2.3 Conflicts Between Spouses and Children

Disputes commonly arise when:

• A deceased spouse leaves the entire or majority of the estate to their surviving spouse, excluding children from a previous marriage; or
• The surviving spouse's financial position is strong, and children argue they were not reasonably provided for.

Adult children from earlier relationships may challenge a will or intestacy distribution, claiming inadequate provision under the 1975 Act.

2.4 Validity of Wills and Undue Influence Claims

In some disputes, parties may challenge the validity of a Will itself on grounds such as:

• Lack of testamentary capacity;
• Lack of knowledge and approval; or
• Undue influence by a beneficiary (often alleged against a second spouse).

If successful, a challenge may render the Will invalid, causing the estate to be administered under intestacy or under an earlier valid Will. This can significantly alter the distribution of assets.

3. Practical Steps to Reduce the Risk of Disputes

Second marriages that involve children from previous relationships can be complex. To minimise disputes:

3.1 Update Estate Planning Documents

Anyone entering a second marriage should:

• Review and update their Will promptly after marriage;
• Clearly specify beneficiaries and the size of their gifts; and
• Consider mechanisms such as trusts or life interest trusts to safeguard children's interests.

3.2 Explain Testamentary Decisions

Written explanations or statements of reasons (often prepared by a solicitor) can help reduce challenges by showing that the deceased's intentions were clear and informed.

3.3 Consider Professional Advice

Intestacy rules and 1975 Act claims can be complex. Seeking advice from a solicitor specialising in wills, trusts and probate can help ensure that the estate plan reflects the testator's wishes and mitigates risks of dispute.

4. Time Limits and Legal Process

4.1 Bringing a Claim

A 1975 Act claim must generally be initiated within six months of the grant of probate. The court has discretionary power to extend this period only in exceptional circumstances.

4.2 Court Proceedings

Most claims under the 1975 Act are dealt with initially by the County Court, though larger estates or more complex cases may be heard in the High Court. The court undertakes a holistic assessment of the claimant's needs and competing claims.

5. Summary

Second marriages can create complex inheritance issues in England and Wales:

• A new marriage revokes any existing Will, potentially leading to unintended intestacy distributions.
• Stepchildren do not inherit automatically, and must rely on express inclusion in a Will or a 1975 Act claim.
• The Inheritance (Provision for Family and Dependants) Act 1975 provides a legal route to seek reasonable financial provision where the estate fails to make adequate provision for a spouse, child or person treated as a child of the deceased's family.
• Disputes frequently arise between a surviving spouse and children from earlier relationships, especially where the Will or intestacy distribution heavily favours the spouse.

Careful estate planning, early review of Wills after remarriage, and professional legal advice can help reduce the likelihood of disputes and ensure an estate reflects the testator's intentions.