Modern family structures are diversifying and blended families have become a more common reality. While these families often function harmoniously during life, uncertainty can arise after death if proper estate planning has not been undertaken. A carefully drafted Will is one of the most important tools available to ensure that your wishes are carried out, your loved ones are protected and the potential for family disputes is minimised.
Understanding blended families
A blended family typically consists of spouses or life partners who have children from previous relationships, as well as children born of their current relationship. This creates unique estate planning challenges, as a person may wish to provide for a surviving spouse while also preserving an inheritance for their children.
Why standard Will planning may not be enough
Many people assume that leaving their entire estate to their spouse is the simplest solution. While this may be appropriate in some circumstances, it can create unintended consequences in a blended family.
For example, if a husband leaves his entire estate to his second wife, there is no guarantee that she will leave anything to his children from his previous marriage after her death. The surviving spouse is generally free to deal with inherited assets as she chooses and may leave them to her own children or beneficiaries.
Conversely, leaving the entire estate directly to one's children may leave a surviving spouse financially vulnerable and could create hardship during their lifetime.
The challenge, therefore, lies in balancing the needs of both groups.
Common sources of disputes
Failure to address the complexities of a blended family often results in disputes. Common areas of contention include:
- The family home and who may continue living in it.
- Unequal treatment of biological children and stepchildren.
- Exclusion of certain family members.
- Ambiguous wording in the Will.
- Changes in family relationships after the Will was signed.
- Expectations that were discussed verbally but never recorded in writing.
Disputes frequently arise not because the deceased failed to care for their family members, but because their intentions were never clearly documented in their Will.
Strategies for effective estate planning in blended families
- Review and update your Will regularly
Marriage, divorce, the birth of children and the acquisition or disposal of significant assets should all trigger a review of your estate plan. An outdated Will may no longer reflect your family structure or intentions and may inadvertently benefit or exclude individuals.
- Be specific about beneficiaries
Avoid vague wording wherever possible. Clearly identify beneficiaries by their full names and ID numbers and state exactly what each person is to receive. This becomes particularly important where there are stepchildren, adopted children and/or children from multiple relationships.
What is very important to note, is that according to the South African Wills Act, reference to a “child” includes biological children and formally adopted children. Stepchildren are not automatically included, so if you leave your estate to your “children” and you don’t specifically mention your stepchildren, they will be excluded from inheriting.
What about maintenance claims?
If a stepchild is left out of the stepparent’s Will, can they have a maintenance claim against their deceased estate?
Generally, no. A stepchild does not automatically have a maintenance claim against the deceased estate of a stepparent merely because of the stepparent/stepchild relationship. In South African law, maintenance claims against a deceased estate usually arise where there was a legal duty of support owed by the deceased to the claimant. Minor children can claim maintenance from a deceased parent's estate because a parent's duty to maintain a child survives death.
However, there are important exceptions:
- If the stepparent legally adopted the child, the child is treated as the deceased's child and may have a maintenance claim similar to that of a biological child.
- In certain circumstances, a stepparent may have undertaken a contractual or legally enforceable duty of support towards the stepchild. If such a duty can be established, a maintenance claim may be possible, although these cases are highly fact-specific and are not based on the mere status of being a stepchild. The key issue would be whether a legally recognized duty of support existed.
Recent case law
On the topic of maintenance claims, the South African courts have recently shown a willingness to consider the realities of blended families. In N.M v B.M and Others (2024), the Western Cape High Court considered whether a stepfather who had, for all intents and purposes, assumed a parental role could be ordered to pay interim maintenance for his stepchildren during pending divorce proceedings. Interestingly, the court granted interim relief, notwithstanding the traditional rule that a stepparent has no automatic duty of support.
However, it must be noted that this case was:
- not a deceased estate claim;
- not a final determination of a permanent duty of support; and
- it was decided in the context of Rule 43 interim maintenance proceedings.
Conclusion
Blended families present unique estate planning challenges, but they also offer an opportunity for thoughtful and proactive planning. A carefully drafted Will can protect a surviving spouse, preserve an inheritance for children, provide clarity regarding key assets, and significantly reduce the risk of disputes.
Should you wish to learn more about this topic, you can contact Appleton Fiduciary Services on 0800 50 60 70, or email: clientcare@appleton.com.
