Family dynamics are complicated, perhaps more so than ever before. Yet despite the growing prevalence of blended families, people still put off writing or updating an estate plan. This can have catastrophic consequences.

Imagine a long-term common-law spouse receiving nothing on an intestacy while the deceased’s children from a prior relationship inherit the entire estate. Or imagine a poorly drafted will that results in a second spouse receiving the entire estate to the exclusion of the deceased’s children from a prior relationship.

When working with blended families, estate lawyers need to dig deep into clients’ motivations and intentions. Is there a cottage that has been in the family for generations, which should pass to the children but also be enjoyed by the second spouse? Are there obligations to a prior spouse that must be addressed? Are there stepchildren the client wishes to treat as their own?

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