Sideways Disinheritance: How to Protect Your Children’s Inheritance

When families blend, so do their financial lives — but without careful planning, the inheritance you intended for your children could end up somewhere else entirely. This is known as sideways disinheritance, and it’s more common than many people realise.

This guide explains what it is, how it happens, and what you
can do to protect your loved ones.

What Is Sideways Disinheritance?

Sideways disinheritance happens when assets pass to a new
spouse or partner, who then leaves them to their own children
or someone else — unintentionally cutting out the children of
the original owner.

This is especially relevant in second marriages, blended
families, or situations where one partner outlives the other by
many years and later remarries.

Example: A Common Scenario

Emma and Richard are married. They each have children from previous relationships. Richard dies first, leaving everything to Emma. Years later, Emma remarries. When she
dies, her Will leaves everything to her new husband — and Richard’s children receive nothing.

Even though Richard may have wanted his children to inherit, the default legal arrangements didn’t protect that intention.

Why It Happens

Joint ownership of property or bank accounts passes everything to the survivor automatically Mirror Wills (identical Wills made by couples) are not binding
after one person dies New marriages revoke previous Wills unless a Will is made
“in contemplation of marriage” No Trust structures in place to hold and preserve assets for children

How to Prevent Sideways Disinheritance

There are simple but powerful steps you can take:

1. Use a Protective Property Trust in Your Will

This Trust allows your partner to live in the home for life, but your share passes to your chosen beneficiaries (such as your children) after their death or remarriage.

Example:

Mark and Louise are in a second marriage. They each leave their half of the home in a Protective Property Trust. The survivor can remain living there, but when they pass away, each half goes to their respective children.

2. Leave Assets via a Life Interest or Discretionary Trust

These Trusts allow you to provide for a spouse or partner during their lifetime, while preserving the capital for your children. Trustees can manage how and when funds are distributed.

3. Sever the Joint Tenancy

If your home is owned as Joint Tenants, it automatically passes to the survivor. To leave your share in a Will, you must change ownership to Tenants in Common. This gives you control over who inherits your portion.

4. Update Your Will After Major Life Changes

Marriage, divorce, bereavement, or having children are all reasons to review your Will. Regular reviews ensure your intentions are protected and up to date.

Final Thoughts

Sideways disinheritance is avoidable — but only with proper planning. A Will alone isn’t always enough, especially in blended families. Using Trusts, reviewing ownership of property, and getting tailored advice can make all the difference.

Concerned your children may be unintentionally left out?

Let’s talk about how to make your wishes secure and your legacy future-proof.