Does Your Will Take Care of Your Blended Family?

According to the Australian Bureau of Statistics (ABS) in 2023, 25% of households included stepchildren. While I often point out that children are children in the eyes of succession law (it doesn't matter which partnership they come from) there's no escaping that blended families bring a level of complexity to estate planning that can have a bigger impact than many people anticipate.

A will dictates how your assets (property, savings, superannuation) are shared after you're gone. For blended families, those decisions are rarely straightforward. Should your estate prioritise your new spouse, your biological children, or your stepchildren? What if your biological children are estranged, or your ex-partner has influence?

MAKE SURE YOUR WILL HAS KEPT UP WITH CHANGES TO THE LAW

Changes to the South Australian Succession Act that came into effect in January 2025, with the most significant changes being how the law views blended families.

The old law didn't properly account for blended families, de facto relationships, stepchildren, or the increasingly common reality that people have multiple chapters in their lives (multiple relationships, multiple sets of children, complex webs of love and obligation).

While these changes bring legislation in step with how South Australian families actually live, understanding how that impacts your family is a different thing.

5 WAYS BLENDED FAMILIES ARE IMPACTED

#1 Expanded rights to make family provision

Previously, stepchildren were only eligible to make a claim against the estate if they were maintained wholly or partly by the deceased. This has been dramatically widened and stepchildren can now make a claim if they can demonstrate they are disabled and significantly vulnerable, were dependent on the deceased at the time of death, cared for or contributed to the maintenace of the ceceased immediately before death, significantly contributed to the estate, or if assets accumulated by the stepchild's naturaly parent substantially contributed to the estate of the deceased person.

The last point is particularly significant for blended families as a stepchild can now claim against a stepparent's estate simply because their biological parent contributed assets to that estate during the relationship.

#2 Former spouses and partners with a property settlement are excluded from claiming

Former spouses and domestic partners are excluded from making a claim for family provision if they have been party to distributions under the Family Law Act 1975. This provision protects people who have formally ended a prior relationship from claims by ex-partners. Critically, if no formal property settlement was completed, a claim may still proceed.

#3 The deceased's wishes are now the primary consideration

This is arguably the most significant change for estate planning. This change appears to be an attempt to address concerns raised that insufficient weight was being given to the testator's wishes in family provision claims. In practical terms, it's increasingly more important to formulate and leave detailed reasons for the provisions being made and it carries more weight than it has in the past. 

#4 Intestate estates can now be distributed by agreement (including to stepchildren)

Section 111 of the Act introduces the ability for family memebers to enter into an agreement around how an intestate estate will be distributed (where there is no will), including to not blood relatives (ie stepchildren). This gives blended families a practical mechanism to achieve a fair outcome, without forcing the matter into a formal court dispute.

#5 Stepchildren now have a right to inspect the will

The new Act creates the right for certain persons to inspect or be given a copy of the will of a deceased person, including a surviving spouse, domestic partner, child or stepchild. This means stepchildren have a right to see a stepparent's will before probate is granted. Transparency can be a good thing but it also means if there are decisions in your will that might cause friction, you should plan for those conversations (or have them while you're alive).

WHAT IT MEANS FOR YOU

Blended families don’t just need wills, they need bulletproof ones.

#avoidingavoidableproblems

If your family is complicated (let's be real, most families are!), your estate plan needs to reflect that complexity with care and precision. A generic will, an outdated estate plan, a superannuation nomination you've forgotten about, property held in the wrong way, forgetting as a parent you have an obligation to all your children: any one of these things can undo even the best intentions.

To discuss how these changes impact you and your blended family, let's get together and create a great estate plan.