Estate planning mistake: show me the money

Brooke Sharp, Lawyer • May 1, 2025

Family disputes over a loved one’s estate are more common and more painful than most people realise. For blended families in particular, the emotional complexity and legal ambiguity around inheritance can fuel deep, lasting divisions. But there is a solution: a clear, legally sound estate plan, anchored by an up-to-date Will.

 

With blended families being the new normal, there will be increasingly large amounts of money and greater value assets at stake as a record $3.5 trillion dollar intergenerational wealth transfer is expected over the coming decade.

 

Why estate disputes happen

Even in close-knit families, grief can quickly turn into conflict when there’s uncertainty about what someone "would have wanted." Common triggers for disputes include:

 

  • Ambiguous or outdated Wills.
  • Assumptions of entitlement (especially among adult children).
  • Complex family structures with stepchildren or multiple relationships.
  • Poor communication or a lack of transparency about the estate plan.

 

In blended families, these issues can be magnified. Without proper legal structure, one side of the family may feel sidelined, or unintentionally excluded altogether.

 

The Role of a Legally Clear Estate Plan

An estate plan isn’t just about “who gets what,” it is a legal framework that ensures your wishes are honoured and helps your family navigate an emotionally charged time with clarity and confidence. Key benefits include:

 

1. Preventing Misunderstandings

A clearly drafted Will removes guesswork. It outlines exactly how your assets should be distributed and can include provisions for family members from different relationships.

 

2. Protecting the Interests of All Loved Ones

Especially in blended families, you may want to support both your current partner and children from previous relationships. A well-structured estate plan can balance these interests fairly—something a standard Will kit rarely achieves.

 

3. Reducing the Risk of Legal Challenges

When a Will is vague or doesn’t comply with legal requirements, it opens the door to litigation. A properly prepared estate plan reduces the risk of costly, bitter court battles that can drain the estate and damage relationships irreparably.

 

4. Appointing Trusted Decision-Makers

Your plan can also nominate guardians for minor children within the Will and separate documents appointing Powers of Attorneys and Enduring Guardians—key decisions that are especially important in blended family settings.

 

Why Regular Updates Matter

Life changes, and so should your estate plan. If you've remarried, divorced, had children, bought property, or even lost contact with a beneficiary, it's time to review your Will. Ideally, revisit your estate plan every 3 years or after any major life event.

 

Special Considerations for Blended Families

If you're part of a blended family, these additional steps are critical:

 

  • Communicate your intentions: Talk openly with your family to reduce the chance of future resentment.
  • Consider testamentary trusts: These can provide long-term flexibility and protection for your assets, especially when minors or vulnerable beneficiaries are involved.
  • Consider mutual wills and contracts: These can provide peace of mind to your biological children in the event you pass away before your spouse who is not the parent of your children.
  • Get expert advice: Be sure to see an experienced estate planning lawyer who can help you structure your plan to avoid unintended consequences.

 

Final Thoughts

No one wants to imagine their family fighting after they're gone. But the reality is, without a clear estate plan, even loving families can fall apart. By taking steps now, especially in blended family situations, you can protect the people you care about and leave behind not just a legacy, but ease that they aren’t being left out.



Kells has been delivering outstanding services and legal expertise to commercial and personal clients in Sydney and the Illawarra region for more than five decades. Our lawyers are savvy and understand your needs.

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