Protecting Your Children’s Inheritance in a New Relationship (UK)

When you meet someone new later in life, it’s natural to want to share your life with them. But many people over 50 also want to make sure that their home, savings and possessions eventually pass to their children and grandchildren. Adult children often worry about this too, and it can become a source of tension in a new relationship.

The good news is that with some planning, it’s usually possible to look after a new partner and protect your children’s inheritance at the same time. This guide explains how inheritance works in the UK when you marry, live together or stay living apart, the common pitfalls, and the tools people use to protect their family, from wills and trusts to prenuptial and cohabitation agreements.

This guide gives general information about the law in England and Wales, with notes on Scotland. It isn’t legal or financial advice. Inheritance planning is complex and depends on your circumstances, so always take advice from a solicitor or a qualified financial adviser before making decisions.

Why inheritance becomes an issue in later-life relationships

In a first marriage, most couples leave everything to each other and then to their shared children. In later-life relationships, things are more complicated:

• You may each have children from previous relationships.
• One of you may own a home and substantial savings, while the other has less.
• You may each want your own assets to pass to your own children.
• Adult children may worry that a new partner will inherit the family home or their parent’s savings.
• A new partner may worry about being left with nowhere to live if you die first.

Without planning, the law may not produce the result either of you wants. The most common problems happen when people marry without making a new will, or live together without any will at all.

What happens if you marry or enter a civil partnership

Marriage cancels your existing will (England and Wales)

In England and Wales, getting married or entering a civil partnership automatically revokes (cancels) any will you made before, unless the will was clearly made in expectation of that specific marriage. This surprises many people.

So if you made a will after your divorce or bereavement leaving everything to your children, and then remarry without making a new will, that will is cancelled. Your estate would then pass under the intestacy rules, which may give much of it to your new spouse.

In Scotland, marriage doesn’t revoke an existing will. But Scotland has its own rules, known as “legal rights”, which give a spouse and children certain rights to part of the estate regardless of the will (see below).

What happens if you die without a will (England and Wales)

If you die without a valid will in England and Wales, and you’re married or in a civil partnership, the intestacy rules usually give your spouse or civil partner:

• all your personal possessions;
• the first £322,000 of your estate (the “statutory legacy”); and
• half of anything above that.

Your children share the other half of anything above £322,000. If your estate is worth less than £322,000, your spouse may inherit everything and your children nothing, although jointly owned assets may pass differently.

If you have no children, your spouse or civil partner usually inherits everything.

Inheritance Tax

Assets that pass to a spouse or civil partner are generally exempt from Inheritance Tax, and any unused nil-rate band can often be transferred to the surviving spouse. This can be an advantage of marriage for some couples. But it doesn’t help if you want assets to go directly to your children. Take specialist advice, because Inheritance Tax rules are complex and change over time.

What happens if you live together without marrying

Many later-life couples choose to live together without marrying. In England and Wales, unmarried partners have far fewer automatic rights than married couples. There’s no such thing as a “common law” husband or wife.

• No automatic inheritance. If you die without a will, an unmarried partner inherits nothing under the intestacy rules, however long you’ve lived together. Your estate would usually go to your children.
• Jointly owned property. If you own your home as “joint tenants”, it passes automatically to the survivor, regardless of your will. If you own it as “tenants in common”, your share passes under your will.
• Claims against your estate. An unmarried partner who lived with you as a couple for at least two years before your death, or who was financially dependent on you, may be able to make a claim against your estate under the Inheritance (Provision for Family and Dependants) Act 1975. Children, including adult children, can also make claims in some circumstances.
• No Inheritance Tax spouse exemption. Assets you leave to an unmarried partner may be subject to Inheritance Tax.

This can create two opposite risks. Your partner could be left with nowhere to live if you die without providing for them. Or, if you leave everything to your partner, your children may inherit nothing. A will is essential in either case.

In Scotland, a cohabiting partner has limited rights. They may apply to the court for financial provision from your estate if you die without a will, but they must do so within six months of the death. Take Scottish legal advice.

What happens if you live apart together

Many later-life couples keep their own homes. Our guide to living apart together after 50 explains why. From an inheritance point of view, this is often the simplest arrangement:

• Each of you keeps your own home and assets.
• Each of you can leave your estate to your own children.
• You can still leave gifts to each other in your wills.

But even if you live apart, a will is important. And if you later marry, remember that in England and Wales marriage will cancel your existing wills.

Ways to protect your children’s inheritance

These are the main tools people use. Most couples use a combination, depending on their circumstances.

1. Make or update your will

This is the single most important step. A will lets you decide exactly who gets what. If you’re planning to marry in England or Wales, you can make a will “in contemplation of marriage” to a named person, so it isn’t revoked by the marriage. Otherwise, make a new will after the wedding.

Think about:

• who should inherit your home, savings, pensions and personal possessions;
• whether you want to provide for your partner, and how;
• who should be your executors (the people who deal with your estate);
• whether to leave a letter of wishes explaining your decisions.

Review your will after any major change, such as moving in together, marrying, selling a home or the birth of grandchildren.

2. Consider a life interest trust (also called a property trust will)

A life interest trust is a common way to balance the needs of a partner and children. It works like this:

• Your will leaves your share of the home (or other assets) in a trust.
• Your partner can live in the home, or receive the income from the assets, for the rest of their life, or until a set event such as remarrying or moving into care.
• When your partner dies or the trust ends, the assets pass to your children.

This means your partner has security, but can’t leave your share of the home to their own family. Trusts need careful drafting and ongoing administration, so take professional advice.

3. Check how you own property

If you buy a home with a new partner, or your partner moves into your home, think carefully about how it’s owned.

• Joint tenants own the whole property together. If one dies, the other automatically inherits the whole property, whatever the will says.
• Tenants in common each own a share, which doesn’t have to be equal. Each person can leave their share by will.

For couples who want to protect their own children, owning as tenants in common is often preferred. You can also make a declaration of trust recording how much each of you put in and what share you each own.

4. Prenuptial and postnuptial agreements

A prenuptial agreement (before marriage) or postnuptial agreement (after marriage) sets out how you’d divide your assets if you separated.

In England and Wales, these agreements aren’t automatically legally binding, but courts give them significant weight if they were entered into freely, with full understanding, and are fair. Since the Supreme Court’s decision in Radmacher v Granatino in 2010, courts have generally upheld fair agreements. To give an agreement the best chance of being upheld, both people usually need independent legal advice, full financial disclosure, and time to consider it well before the wedding.

In Scotland, prenuptial agreements are generally enforceable, provided they were fair and reasonable when they were made.

Note that a prenup deals mainly with separation. To control what happens on death, you also need a will.

5. Cohabitation agreements

If you live together without marrying, a cohabitation agreement can set out who owns what, how bills and costs are shared, and what happens if you separate. A properly drawn-up cohabitation agreement is generally treated as a contract, so it’s more likely to be upheld if you both take independent legal advice and disclose your finances fully.

6. Pensions and life insurance

Pensions often don’t pass under your will. Many workplace and personal pensions pay death benefits at the discretion of the pension trustees, guided by an “expression of wish” or nomination form. Check who you’ve nominated, and update it if your circumstances change. You might want part of your pension to go to your partner and part to your children.

Life insurance policies can often be written “in trust”, so the payout goes directly to the people you choose, such as your children, without forming part of your estate.

7. Lifetime gifts

Some people choose to give money to their children during their lifetime, for example to help with a house deposit. This can reduce the value of your estate and gives you the pleasure of seeing your children benefit. But be careful: don’t give away money you may need later, especially for care. Large gifts can also have Inheritance Tax implications if you die within seven years. Take advice.

8. Lasting powers of attorney

A lasting power of attorney (LPA) lets you choose who makes decisions for you if you lose mental capacity. There are two types in England and Wales: one for property and financial affairs, and one for health and welfare. Think about whether you want your partner, your children or a combination to act for you. Choosing both can help avoid conflict and ensures that everyone’s interests are considered. Scotland has a similar system called a power of attorney, registered with the Office of the Public Guardian (Scotland).

Scotland: legal rights for spouses and children

In Scotland, even if you have a will, your spouse or civil partner and your children have “legal rights” to a share of your “moveable” estate (money, investments and possessions, but not land or buildings). These rights can’t be removed by your will, although a person can choose to accept what the will gives them instead.

This means that in Scotland, your children will usually be entitled to a share of your moveable estate whatever your will says. It also means a new spouse may have a claim. If you live in Scotland, take advice from a Scottish solicitor, as the rules are quite different from those in England and Wales.

Care home fees and your home

A common worry is what happens if one partner needs residential care. In general, if you go into a care home, your own assets, including your share of your home, may be taken into account when working out how much you have to pay. However, the value of your home is usually disregarded if your spouse, partner or certain other relatives still live there.

The rules are complex and differ between England, Wales, Scotland and Northern Ireland. Be very wary of schemes that promise to protect your home from care fees by putting it into a trust. Deliberately giving away assets to avoid care fees can be treated as “deprivation of assets”, and the local authority may still count them. Take independent advice.

Talking to your partner about inheritance

Money conversations can feel unromantic, but they’re essential in later-life relationships. Tips for raising the subject:

• Start early, ideally before moving in together or getting engaged.
• Explain your intentions, for example: “I’d like my house to go to my children eventually, but I want to make sure you’d be secure if anything happened to me.”
• Listen to their concerns. Your partner may also want to protect their own children, or worry about being left without a home.
• Aim for a plan that works for both of you, then put it in writing with legal advice.
• Consider seeing a solicitor together, but make sure each of you also gets independent advice where needed.

Talking to your children

Adult children often worry about inheritance, even if they don’t say so directly. It may come out as coolness towards your new partner, or questions about how serious the relationship is.

• Reassure them without oversharing. You don’t need to disclose every detail of your finances, but letting them know you’ve taken advice and made a will can ease a lot of anxiety.
• Be clear that it’s your decision. It’s your money and your life. Their feelings matter, but you’re entitled to provide for your partner.
• Avoid surprises. Conflicts after a death are often caused by wills that come as a shock. A letter of wishes can explain your reasons.

Our guide to when adult children disapprove of your new partner covers these conversations in more depth.

Common mistakes to avoid

• Marrying without making a new will (England and Wales).
• Living together without any will, leaving your partner with no automatic rights.
• Owning a home as joint tenants without realising it will pass automatically to your partner.
• Forgetting pension nominations, which may still name an ex-spouse.
• Relying on verbal promises, such as “my partner will look after my children’s share”.
• Using DIY wills for complicated situations, such as blended families or trusts.
• Leaving it too late. A will can only be made while you have mental capacity.

Three common scenarios

Scenario 1: You’re moving into your partner’s home

Your partner owns their home and wants it to go to their children. You’re selling your own home and want your money to go to your children. You might agree that you’ll contribute to bills but not to the property, that you’ll keep your sale proceeds in your own name, and that your partner’s will includes a life interest trust letting you stay in the home for a set period, or for life, if they die first.

Scenario 2: You’re buying a home together

You’re each putting in different amounts. You might own the home as tenants in common in shares that reflect your contributions, with a declaration of trust recording the arrangement. Each of your wills could leave your share to your own children, perhaps with a right for the survivor to stay in the home for a period.

Scenario 3: You’re getting married

You might make new wills in contemplation of the marriage (in England and Wales), consider a prenuptial agreement, update your pension nominations, and review how any property is owned. If Inheritance Tax is a concern, a specialist adviser can explain how the spouse exemption and trusts might work together.

The bottom line

It’s entirely possible to look after a new partner and protect your children’s inheritance, but it rarely happens by accident. Make a will, and remember that in England and Wales marriage cancels any existing one. Check how your home is owned, consider a life interest trust, review pension nominations, and think about a prenup or cohabitation agreement. Talk openly with your partner and your children, and take professional advice.

Frequently asked questions

Does my new husband or wife automatically inherit everything?

Not always. If you die without a will in England and Wales, a spouse inherits your personal possessions, the first £322,000 and half of the rest. Your children share the other half. With a valid will, you can decide who inherits.

Does getting married cancel my will?

In England and Wales, yes, unless the will was made in expectation of that particular marriage. In Scotland, marriage doesn’t cancel a will.

Can my unmarried partner inherit if I die without a will?

No, not under the intestacy rules in England and Wales. They may be able to make a claim through the courts, but it’s much better to make a will.

What’s a life interest trust?

It’s a trust in your will that lets someone, usually a partner, live in your home or benefit from assets for their lifetime, with the assets passing to someone else, usually your children, afterwards.

Are prenups legally binding in the UK?

In England and Wales, they’re not automatically binding, but courts generally uphold fair agreements made with independent advice and full disclosure. In Scotland, they’re generally enforceable if they were fair when made.

Can my children challenge my will?

In England and Wales, adult children can sometimes make a claim under the Inheritance (Provision for Family and Dependants) Act 1975, although success isn’t automatic. In Scotland, children have legal rights to part of the moveable estate. A clear, professionally drafted will and a letter of wishes reduce the risk of disputes.

Related guides

• Should you remarry after 50? Marriage vs living together vs living apart
• Living apart together after 50
• When adult children disapprove of your new partner
• Dating a widower: what to expect
• Can you date before your divorce is final?
• Moving in or buying a home together after 50
• What happens to your pension if you remarry?
• Money in later-life relationships: separate accounts and sharing costs

Sources

• GOV.UK, “Who can inherit if there’s no will”: intestacy rules in England and Wales.
• The Administration of Estates Act 1925 (Fixed Net Sum) Order 2023: statutory legacy of £322,000 from 26 July 2023.
• Wills Act 1837, section 18 (effect of marriage on a will).
• Inheritance (Provision for Family and Dependants) Act 1975.
• Radmacher v Granatino [2010] UKSC 42.
• Family Law (Scotland) Act 2006 and Scottish Government guidance on legal rights and cohabitants’ claims.
• GOV.UK, lasting power of attorney and Inheritance Tax guidance.