Blended Family Wills

A blended family is formed when two adults come together in a relationship and bring at least one child from previous relationships into the new household.

Under the Family Provision Act 1972 (WA), only certain people can make a claim against a deceased person’s estate in Western Australia. These include:

• The deceased’s spouse or de facto partner immediately before death
• A former spouse or former de facto partner who was receiving or entitled to receive maintenance from the deceased
• A child of the deceased who was living at the date of death or born within ten months
• A grandchild of the deceased in specified circumstances
• A stepchild of the deceased who was being maintained by the deceased
• A parent of the deceased
• Persons receiving or entitled to maintenance from the deceased immediately before their death.

Being eligible does not guarantee success; the Court must still be satisfied that adequate provision for proper maintenance, support, education or advancement in life was not made.

Your superannuation does not automatically form part of your estate plan. A death benefit nomination determines how your super will be distributed, with both binding and non-binding options available.

Binding Death Benefit Nomination:
A binding death benefit nomination is a written direction you give to your super fund that tells them exactly who your super is to be paid to when you die. The exact rules depend on the super fund, and different rules apply to self-managed super funds.

Non-binding death benefit nomination:
A non-binding death benefit nomination is a nomination you make with your superannuation fund that guides the trustee, but does not legally require them to follow it when deciding who receives your super.

Careful estate planning helps manage competing interests between a surviving spouse, biological children, stepchildren, and other intended beneficiaries.

It ensures your personal assets, bank accounts, and life insurance policies are distributed according to your wishes, and helps you manage your superannuation through binding or non‑binding death benefit nominations.

Yes. Blended family wills allow you to provide for children from a previous relationship alongside your current spouse or partner, helping reduce the risk of disputes over asset distribution.

Yes. Updating your will ensures that a surviving spouse, stepchildren, adult children, and other eligible beneficiaries are included and that your wishes are reflected in your estate planning documents.

We can help you plan for blended families by carefully considering potential conflicts between a surviving spouse, children from previous relationships, and stepchildren, ensuring asset distribution is fair and reduces the risk of family provision claims.

It’s important to review your blended family will and estate planning documents regularly, particularly after life events such as a second marriage, the birth of stepchildren, changes in financial circumstances, or after updating death benefit nominations or superannuation funds.