Families come in all shapes and sizes. In our practice, we are seeing more clients with blended families.

For blended families, getting this balance right requires careful planning. While these families can work beautifully, they can also create additional complexities when it comes to estate planning.

If you have a blended family, a simple Will leaving everything to your current spouse or partner may not achieve what you intend. Having no Will at all can produce an even more surprising result.

What happens if you die without a Will?

If you die without a valid Will, Victoria’s intestacy laws determine who receives your estate. These laws apply a fixed formula, and they do not consider your personal relationships, intentions or what you consider fair.

Where you leave a spouse or domestic partner and children from a previous relationship, your surviving partner will generally receive:

  • your personal belongings;
  • a statutory legacy; and
  • half of any remaining estate.

Your children will share the other half of the amount remaining after the statutory legacy has been paid.

The risk to your children

As of 1 July 2026, the Victorian statutory legacy is $591,390.

If the net value of the assets passing under your estate after payment of debts and funeral expenses is $591,390 or less, your surviving partner may receive the entire estate. Your children from a previous relationship may receive nothing at all.

Even where the estate exceeds $591,390, your children may receive only a share of the amount remaining after your partner’s statutory entitlement has been paid.

This is why relying on the intestacy laws can produce an outcome that is very different from what you intended.

Is leaving everything to your partner enough?

Even if you have a Will, leaving your entire estate to your current partner may not protect your children’s future inheritance.

Your partner may later change their Will, use or dispose of the assets during their lifetime, or leave their estate to other beneficiaries. There is no guarantee that your children will ultimately receive the inheritance you intended for them.

It is also important to remember that stepchildren do not automatically inherit from a stepparent. If you want to provide for your stepchildren, this should be clearly addressed in your Will.

Planning for everyone

A carefully prepared estate plan can balance the needs of your current partner with your need to provide for your children. Depending on your circumstances, it may consider:

  • providing your partner with a right to live in the family home;
  • leaving particular assets or gifts directly to your children;
  • establishing a testamentary trust;
  • reviewing the ownership of jointly held assets;
  • reviewing your superannuation and death benefit nominations;
  • appointing an appropriate and impartial executor; and
  • reducing the risk of a claim against your estate.

Your Will is only one part of the picture. Jointly owned property, superannuation and some other assets may not automatically form part of your estate, so your arrangements should be considered together.

Is it time to review your Will?

Every blended family is different. A properly considered estate plan can provide for the people you love, reduce uncertainty and minimise the risk of disputes after your death.

If you have remarried, entered a new relationship, separated or divorced, or have children from different relationships, it may be time to review your Will and estate planning arrangements.

Contact our office to discuss an estate plan that reflects your family, protects your loved ones and carries out your wishes.