10 Reasons why blended families need tailored wills

According to Statistics New Zealand, one in every three marriages is a second or subsequent marriage. Blended families have become increasingly common across New Zealand and can be beneficial for both families. Parents can share responsibilities more effectively, and families often develop a strong sense of resilience as they learn to adapt together. These new structures can foster empathy, flexibility, and inclusivity, helping family members grow in ways that may not have been possible in a single parent setting.

However, while the emotional and social benefits of blended families are significant, they also introduce layers of financial and legal complexity, particularly when it comes to estate planning. The merging of two families through remarriage or de facto relationships means the legal landscape becomes significantly more complex, requiring specialist legal advice to navigate successfully. Questions around inheritance, fairness between biological and stepchildren, and ensuring the security of a surviving spouse require careful forethought to prevent misunderstandings and future disputes.

Here are ten compelling reasons why blended families must invest in professionally tailored will and estate planning.

1. Overlapping claims under the Family Protection Act

The Family Protection Act 1955 places a duty on you to provide proper support for your spouse, children, stepchildren, and sometimes grandchildren. In blended families, this creates overlapping obligations that can result in competing claims against your estate.

Without careful planning, your de facto partner could make a successful claim that reduces your children's inheritance. The Act doesn't clearly specify how much property you should leave to meet these obligations, so advice from wills and estate lawyers in Christchurch is essential to protect your wishes.



2. Equal sharing of assets under the Property (Relationships) Act

After three years of marriage or living in a de facto relationship, the Property (Relationships) Act 2001 presumes all relationship property is shared equally (50/50). While this may seem fair, it can reduce what children from earlier relationships inherit.

The only way to prevent this is with a ‘contracting out agreement’, which must be prepared with specialist relationship law NZ expertise. Without it, your new partner could automatically claim half of assets you had intended for your children. This makes relationship law consultation crucial for protecting your children's inheritance rights.

3. Joint property ownership bypasses your will

When blended family partners own property jointly, that property automatically passes to the surviving partner upon death, completely bypassing your estate. It never becomes part of the estate and therefore isn’t governed by your will.

This can leave children without access to the family home, causing stress and conflict. Seeking advice from property law in Christchurch experts ensures ownership structures are set up in line with your intentions.

4. Constructive trust claims can override your will

Even if property is in your name alone or held in a trust, a partner may be able to claim a share by showing they contributed to its value, for example, through renovations or financial support. This civil litigation risk means that despite your will's provisions, courts can recognise your partner's contributions and award them a share of assets you intended for your children. Early litigation support identifies and mitigates these risks during the planning stage reducing reduce the risk of claims derailing your estate plan.



5. Testamentary promises can create unexpected claims

This often-overlooked legislation permits people to make claims if they can prove you promised to reward them in your will for work or services. This might include stepchildren helping in a family business, or a partner providing long-term care, or even adult children who sacrificed career opportunities to assist you. Even if your will says otherwise, these claims may succeed. For families with businesses, seeking business consulting services in Christchurch alongside legal advice is essential to prevent confusion later.

6. Trust don't automatically provide full protection

Many families set up New Zealand property trusts to safeguard assets, but in blended families these can still be challenged. If a fiduciary relationship (such as a step-parent acting as executor for stepchildren) existed, or if a partner contributed to trust property, courts may recognise claims against those assets.

Additionally, if your partner contributed to trust property value increases, constructive trust principles may apply. Understanding property law NZ vital when structuring trusts.

7. Capacity undue influence challenges are common

Family tensions in blended households sometimes fuel suspicions that wills were made under pressure. Adult children may claim their parent lacked capacity or was influenced by a new partner.

These disputes often lead to costly and emotional civil litigation. Taking advantage of Enduring Power of Attorney services in Christchurch and advice from experienced civil litigation lawyers can reduce the likelihood of such challenges succeeding.

8. Different children may have different needs and entitlements

In blended families, children often have different relationships with the deceased parent and varying levels of financial need. Some may have been estranged, while others provided significant care or contributed to estate growth. Courts weigh these differences under the Family Protection Act, but equal distribution is not always seen as fair. A tailored will addresses these differences while minimising the risk of civil litigation in Christchurch.



9. Estate size and complexity requires professional management

Blended family estates often include multiple properties, trusts, or even family businesses. Larger estates make it easier to accommodate competing claims, but they also require sophisticated management. This is where business advisory services and business law expertise are essential, working alongside property conveyancing Christchurch professionals to structure and manage assets effectively.

10. Communication and documentation are critical for success

Finally, the biggest safeguard is clear communication and detailed documentation. If your will explains why assets are divided unequally, it shows the court your reasoning was thoughtful and deliberate. This reduces the risk of successful challenges and costly civil litigation NZ cases for your family.

The Path forward with Weston Ward and Lascelles: professional estate planning you can trust

Given these complexities, you cannot afford to rely on goodwill, standard will template or general legal advice. Until New Zealand law is updated to better reflect modern families, professional legal advice remains the best protection for your estate, including:

·       Property law service and property law in Christchurch.

·       Relationship law NZ and contracting-out agreements.

·       New Zealand property trust establishment and management.

·       Ongoing reviews as family circumstances change.

When disputes occur (which they invariably do), there is typically an exclamation of ‘it’s only the lawyers who win’, and it’s true. The emotional and financial costs of post-death litigation far exceed the investment in proper estate planning. Your loved ones deserve the security that comes from comprehensive, professionally crafted estate planning designed for the realities of blended family life.



Contact Weston Ward and Lascelle’s experienced will and estate planning lawyers in Christchurch today to ensure your will reflects your true intentions while minimising the risk of family disputes.