MyLastWill Blog

How to Avoid Will Disinheritance for Your Children

In 2023, the median duration of a marriage in England and Wales was just 12.9 years, with approximately 42% of marriages ending in divorce. Many of those who go on to remarry overlook a critical step: protecting the children from their previous relationship with careful estate planning and a properly updated will. The result can be devastating – a situation known as ‘sideways disinheritance.’

In this blog, My Last Will explains this all-too-common issue and, importantly, what you can do to prevent it.


Sideways disinheritance occurs when a person’s children – typically from a previous relationship – are unintentionally cut out of an inheritance following the remarriage of their surviving parent.

Most people don’t realise that divorce automatically revokes a will. So if you divorce and remarry without making a new will, your previous will is no longer valid. But even those who do make a fresh will after remarrying often fail to include adequate protection for children from an earlier relationship.

The risk is this: when the surviving stepparent later remarries, or passes away without a valid will, the estate may pass entirely to the new spouse or their family under the rules of intestacy – leaving the original children with nothing.


Sadly, yes – and it’s becoming more so. As blended families become increasingly common in the UK, sideways disinheritance has become one of the most frequent causes of will disputes.

A 2022 survey by the Personal Finance Society found that 75% of people are likely to experience a will or inheritance dispute in their lifetime. With so much at stake – both financially and emotionally – it’s vital that remarrying couples take the time to get their estate planning right.


Remarriage is a major life event, and amid all the excitement and change, it’s easy to overlook the legal and financial steps needed to protect your children. However, addressing these matters as early as possible is essential.

If you have children from a previous relationship that you wish to provide for, there are several key steps to consider when making a new will:

Be open with your new partner. Make your wishes clear – let them know that you intend to make provisions for your children in your will. Transparency now can prevent painful disputes later.

Set up a trust. A trust can be a powerful tool to ensure your assets are managed and distributed exactly as you intend, protecting your children from potential future claims. Assets placed in trust are ‘ringfenced’ for the benefit of your children, and this protection remains in place even in the event of your new partner’s remarriage or divorce.

Consider a declaration of trust. If you own your home as joint tenants with your new partner, it may be worth changing the ownership arrangement to ‘tenants-in-common.’ This allows you to specify exactly what share of the property passes to your children, rather than the entire property automatically passing to your surviving spouse.


Protecting your children’s inheritance requires careful planning and properly drafted legal documents. It’s important to consult with a will writing specialist who can ensure all aspects of your estate plan – including any trust arrangements – are correctly set up and legally sound.

My Last Will’s online platform makes this process straightforward. You can write or update your will at a time that suits you, with live support from our legal will writing experts available throughout. Whether you need guidance on setting up a trust, changing property ownership, or simply ensuring your new will properly reflects your wishes, our team is on hand to help.

1. Fixed pricing.
2. An easy-to-use, step-by-step online platform which ensures no essential details are overlooked.
3. Every will is checked by experts to ensure the effectiveness of your will, providing you with complete peace of mind.
4. The option to open an account to offer you easy updates and secure storage.