CONTACT US (613) 722-1500

Estate Planning for Blended Families

close up of paper people couple on white background

Estate Planning for Blended Families

By:

Posted October 25, 2024

If you are part of a blended family, your estate planning requires careful thought and consideration.  Estate planning for blended families can be more complex because you and your spouse may have different priorities and obligations in the event of the death of one of you.  To avoid conflict between surviving family members, it is both important to understand your legal obligations and to document your wishes in valid, legal documents to ensure that your plan is clear and can be upheld.

Below you will find some things to consider when engaging in estate planning as part of a blended family:

  • Obtain advice from a lawyer regarding your obligations to support dependants in the event of your death. Do you have children or a former spouse who are entitled to support?  Are there any agreements in place regarding security for support on death (this is very common in Separation Agreements, where periodic child and/or spousal support is payable)? How does your obligation to support a first family coincide with your obligations to a second family?  Do you have biological or adopted children from a second relationship or do you have a financial obligation towards step-children?  This information should be incorporated into your estate plan to avoid costly litigation against your estate.
  • Consider what legal documents you should have in place to prevent claims against your estate. For example, you should consider the need for a Separation Agreement with your former spouse (for common law and married spouses), as well as a Marriage Contract or Cohabitation Agreement with your new partner.  A Marriage Contract or Cohabitation Agreement will apply in the event of death, as well as separation, however, it is important to understand that you may still have an obligation to make adequate provision for a dependant spouse on death, notwithstanding the existence of Marriage Contract/Cohabitation Agreement.  Of course, you should prepare a Will to govern the administration of your estate.  It is important to ensure that contractual obligations you have on death as set out in a domestic contract are reflected  in your will and estate plan.
  • Speak to your lawyer about the use of Trusts, including Spousal Trusts, or Mutual Wills Agreements. Mutual Wills are any two (or more) wills which are mutually binding. This means that following the death of the first person, the manner in which the survivor can dispose of property or make changes to an estate plan are limited by the agreement made with the deceased.  For example, in blended families, spouses who want to ensure their first family benefits from his or her estate may prepare Mutual Wills.  A Spousal Trust allows a spouse to benefit from the income and capital of the trust during their lifetime put provides for a giftover of the balance on death, often to children from a first marriage.
  • Review your life insurance and pension plan benefits to determine how these will be distributed on your death and whether any changes to beneficiary designations can or should be made to meet your obligations.
  • Finally, have conversations with your beneficiaries about your intentions.  Being open about your intentions can help to avoid surprises and hurt feelings on death.

This blog post was written by Partner Kate Wright, Practice Lead of the Wills and Estates team and member of the Family Law, and Estate Litigation teams.  Kate can be reached at 613-369-0383 or at kate.wright@mannlawyers.com.

More Resources

Blog |
Family Law
By: 

Posted January 30, 2025

In the recent judgment issued on December 17th, 2024, Justice Sharma of the Ontario Superior Court of Justice provides the legal profession with significant guidance[...]
Blog |
Employment, Labour, and Human Rights
By: 

Posted January 21, 2025

In cases involving terminations of employment, a very common issue is the amount of pay an employee is owed by their former employer after they’ve[...]
Blog |
Estate Litigation
By: 

Posted January 7, 2025

Power of Attorney (“POA”) litigation has become a growing concern in legal and family circles as individuals face the complexities of aging, illness, and the[...]
Blog |
Environmental Law
By: 

Posted January 2, 2025

On October 18, 2024, the Ontario Ministry of Environment, Conservation and Parks (the “MECP”) proposed further amendments to Ontario Regulation 406/19 – On-Site and Excess[...]
Blog |
Business Law
By: 

Posted December 17, 2024

In today’s fast-paced world, businesses strive to simplify and expedite their processes. It is now commonplace to see businesses asking their customers to enter into[...]
Blog |
Employment, Labour, and Human Rights
By: 

Posted December 11, 2024

On October 28th, 2024, Ontario Bill 190, the Working for Workers Five Act, 2024, received royal assent. This latest legislative move builds on the strong[...]
Kate Wright

Kate Wright

I am a member of the family law, wills and estates and estate litigation service groups at Mann Lawyers. I am an enthusiastic and compassionate advocate for my clients. My experience in family law includes advising clients on property division, support issues, custody and access matters, domestic contracts and private adoptions. I assist clients with preparing wills, estate planning and administration matters, and disputes over estates, including issues related to capacity and dependent’s relief. My approach to dispute resolution is based on the needs of each client and their own particular circumstances. I am trained in Collaborative Practice and am a member of Collaborative Practice Ottawa. I seek to empower clients to resolve issues in the manner that best suits their interests. I graduated from the Schulich School of Law at Dalhousie University in 2008. I articled with a national firm in Calgary and was called to the Alberta Bar... Read More

Read More About Kate Wright