Estate Planning When You Have Stepchildren

Reframe Legal Blog | Helping Modern Families Plan Smarter

Blended families are now one of the most common family structures in Australia—but they are also one of the most legally overlooked when it comes to estate planning. If you’ve remarried, have children from previous relationships, or are helping raise stepchildren, you may face complex questions around inheritance, fairness, and who gets what.

At Reframe Legal, we help families like yours take a thoughtful, structured approach to wills and estate planning—because the law won’t automatically protect the people you love the way you might expect.

Here’s what you need to know when planning your estate in a blended family.

Why Estate Planning Is So Important for Blended Families

In a traditional family structure, you might assume that your partner and children will inherit everything smoothly. But in blended families, this assumption can lead to heartbreak, legal battles, or children being left out unintentionally.

If you die without a will, your estate will be divided according to intestacy laws—a fixed legal formula that does not take into account stepchildren, second marriages, or personal wishes. Even with a basic will, failing to plan properly can result in your surviving spouse receiving most (or all) of your estate, with your biological children—particularly from previous relationships—receiving little or nothing.

This can create emotional conflict, inequality between siblings, and financial hardship for those you intended to provide for.

Stepchildren Are Not Automatically Included in Your Estate

Many people are surprised to learn that stepchildren are not considered your legal children under intestacy laws. Unless you have adopted your stepchild or explicitly included them in your will, they have no automatic right to inherit from you—even if you've raised them since they were young.

This is especially important in blended families where:

• You wish to treat stepchildren equally to biological children,

• You’ve built a close emotional bond over time,

• You want to avoid family disputes after your death.

If your goal is fairness, clarity, or long-term protection, these intentions need to be reflected in a properly drafted will.

Common Challenges for Blended Families

Blended family estate planning is often about more than just listing beneficiaries. It's about managing competing interests with care.

One common issue is when one partner dies and leaves everything to the surviving spouse, with the expectation that their children from a previous relationship will be looked after later. But once the surviving spouse inherits everything, they are under no legal obligation to provide for those children. They may remarry, change their will, or simply choose to leave assets only to their own biological children.

Another challenge is how to fairly provide for all children—especially when some are still financially dependent, and others are independent adults. Family heirlooms, the family home, and superannuation can become flashpoints if not addressed in a thoughtful, inclusive plan.

How to Structure Your Will in a Blended Family

There is no one-size-fits-all solution, but there are tools that can help you honour your wishes and minimise risk:

A mutual will agreement is one option for couples who want to agree not to change their wills after one of them dies. These are legally binding and can help protect children from earlier relationships.

A testamentary trust can be used to provide long-term control over how assets are distributed, especially where minor children or future needs are involved. This is particularly useful if you want to leave your estate to your spouse for life, but ensure that the remainder goes to your children.

Some families prefer a life interest arrangement, which gives the surviving spouse the right to live in the family home for a period or for life, after which the property passes to the children.

Whatever structure you choose, what matters most is that your plan is clear, fair, and legally binding. Conversations with your partner and family—and good legal advice—are key.

How Superannuation and Stepchildren Fit In

Another point often missed is that superannuation does not automatically form part of your estate. You must make a binding death benefit nomination through your super fund, and stepchildren are generally not eligible beneficiaries unless they are your financial dependants or you’ve adopted them.

Failing to update your nomination—or not making one at all—can result in your super being paid to someone you didn’t intend.

Estate Planning Is a Gift to Your Family

Having a well-structured will is not just about money—it’s about clarity, harmony, and protecting the people you love. In a blended family, where relationships can be layered and sometimes sensitive, a proper estate plan is one of the most powerful ways to reduce conflict and ensure your legacy reflects your true wishes.

It’s a gift to your partner, your children, your stepchildren—and your future self.

If you’ve remarried, started a blended family, or want to ensure your stepchildren are protected, we can help you understand your options and put a strategy in place that works for everyone.

This blog is for general information only and is not legal advice. For personalised guidance, we encourage you to speak with a solicitor who understands both the law and the family dynamics involved.