Coles Miller Blog

Second marriage & inheritance issues

Written by Jasmine Payne | Jul 18, 2025 10:47:52 AM

Life, love, and families can be very complicated - especially when it comes to second marriages and inheritance planning.

Remarriage can bring joy and new beginnings, but it can also raise important questions about who inherits what, how your Will works, and whether your children from a previous relationship are properly protected.

Here are some questions answered - and how our experts can help you plan with peace of mind.

Does remarriage affect my existing Will?

One of the biggest misunderstandings we see is that getting married automatically revokes your existing Will.

Unless you made a Will in contemplation of marriage (which must be very clearly worded), your old Will is no longer valid. This means that if you die without a new Will in place, your estate will be distributed according to the intestacy rules - which may not be what you want.

For example, under intestacy, your new spouse will usually inherit the bulk of your estate, which could leave your children from your previous relationship with far less than you intended.

Second marriages and blended families

Second marriages often mean blended families - children from previous relationships, new step-children, or step-grandchildren. You may want to provide for your new spouse and protect your children’s inheritance.

Without a carefully drafted Will, this can easily go wrong. For instance, if you leave everything outright to your new spouse, they may change their own Will later or remarry themselves, which could unintentionally cut out your children entirely.

What about the family home?

Property is often the biggest asset in a marriage. If your house is jointly owned, how you hold the title - joint tenants or tenants in common - will affect whether your share automatically passes to your spouse or can be left to your children.

Many people choose to split ownership as tenants in common and put a life interest trust in their Will. This can allow your spouse to live in the home for life, but ensures your share ultimately passes to your children.

Key inheritance planning options for second marriages

  • Make a new Will immediately when you remarry
  • Consider a Life Interest Trust Will to protect your children’s inheritance
  • Review how you own your property and whether this will need changing
  • Think about inheritance tax implications - especially if your combined estates are significant.
  • Talk openly with your family to avoid misunderstandings and disputes later.

How Coles Miller can help

Every family is unique, and so is your Will. Our specialist Private Client team helps clients in second marriages plan wisely - balancing the needs of their spouse, their children, and their long-term wishes.

We also advise on powers of attorney, trusts for vulnerable beneficiaries, inheritance tax planning, and resolving inheritance disputes if things go wrong.

How Does a Will service work ?

Making a Will is one of the most important things you can do to protect your loved ones and make sure your wishes are followed when you die. But many people put it off, often because they don’t know how it works or worry it will be complicated.

At Coles Miller, we make it simple, clear and stress-free.

Here’s how our Will service works - step by step.

Step 1: Getting to know you

First, you’ll meet with one of our friendly, experienced Private Client team members - either in person, by phone or via video call.

We’ll ask you about:

  • Who you’d like to benefit from your estate (family, friends, charities).
  • Any special wishes for funeral arrangements.
  • Who you’d like to appoint as guardians if you have young children.
  • Who you trust to carry out your wishes — your Executors.
  • Any property, businesses, or complex assets.
  • Any inheritance tax planning opportunities.

Step 2: Expert advice, tailored to you

Every family is unique. That’s why we don’t just ‘fill in a form’. We give you clear legal advice, spot potential problems and suggest the best way to protect your wishes.

For example, if you’re in a second marriage, have a blended family, own a business, or want to set up a trust - we’ll make sure your Will reflects this properly.

Step 3: Drafting your Will

We’ll draft your Will clearly and accurately, in plain English, with all your wishes included.

You’ll have the chance to review the draft and ask any questions. If anything needs changing, we’ll update it until you’re completely happy.

Step 4: Signing and witnessing

To be legally valid, a Will must be signed correctly with witnesses present.

We’ll guide you through this step to make sure everything is done properly - or you can sign at our offices if that’s easier.

Step 5: Safe storage and peace of mind

Once your Will is signed, we’ll securely store the original for you - free of charge - and provide you with copies.

You can update your Will at any time as your circumstances change. We’re always here if you want to make changes or ask questions.

At Coles Miller, our Private Client experts have decades of experience helping individuals and families with Wills, probate and estate planning.

You’ll get:

  • Personal, friendly, jargon-free advice
  • Peace of mind that your Will is legally sound and reflects your wishes
  • Practical inheritance tax planning to protect your loved ones
  • Free secure Will storage
  • Clear, fair pricing with no hidden costs.

Plan today for peace of mind tomorrow

If you’re remarrying, already married for a second time, or you’re concerned about how your estate will be handled - don’t put it off. Let’s make sure your wishes are clear and your loved ones are protected.

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