Blending Legacies

Planning your estate is always important — but for blended families, it can be especially
complex. From balancing the needs of children from previous relationships to ensuring a new spouse is cared for, thoughtful planning can help prevent conflict and preserve harmony. We spoke with Colleen Feehan, a wills and estates lawyer whose practice focuses on planning, administration, litigation and mediation, to explore how blended families can navigate these sensitive decisions with clarity and care.

Edmonton Community Foundation (ECF):

What considerations need to be made when itcomes to estate planning for blended families?

Colleen Feehan (CF): When considering your legacy in the context of a blended family,
it is important to balance the financial needs and expectations of current and former partners, and children from past and present relationships. Consider the age, vulnerability and personal relationship with each child. Children who are under the age of 18, in post-secondary education or who are adults unable to earn a livelihood have statutory rights to support from a parent’s estate. A new spouse’s standard of living and expectations should also be clearly addressed, as spouses also have statutory rights to support from the estate.

ECF: What are the legal requirements for leaving assets to a spouse versus children?

CF: Legally, you can leave assets to anyone. However, if your surviving spouse’s lifestyle is drastically altered — especially without prior agreement — there could be trouble. A spouse has a right to seek support from the estate if not adequately provided for, even if children are named as beneficiaries. To avoid conflict, spouses can enter into cohabitation, prenuptial or postnuptial agreements to clearly outline estate intentions. These are typically upheld by courts after death if that spouse changes their mind. If you wish to leave assets to children from a prior relationship, using tools such as life insurance, RRSPs or TFSAs can be effective. Naming the children as beneficiaries of these accounts keeps these assets outside the estate and reduces the chance of spousal claims. Another option is a spousal trust, which allows a spouse to benefit from investment income during their lifetime while ensuring the capital goes to your children after the death of the surviving spouse.

ECF: How should couples handle the family home in blended families?

CF: In blended families, giving a surviving spouse a life interest in the family home can help balance their housing needs with preserving inheritance for children. This arrangement, outlined in your will, allows your spouse to live in the home — without owning it — until they pass away or decide to move. During that time, they’re usually responsible for paying taxes and maintenance of the home. Once they move or pass, the house reverts back to the estate for the children to inherit or manage.

ECF: What steps can prevent estate disputes in blended families?

CF: While there are many legal avenues to avoid conflict and tension in blended families after death, open and honest discussions about your estate plan while you are alive is one of the best. When everyone understands your wishes in advance, it is easier for them to accept the outcome and maintain a healthy relationship with one another.

Want to learn more?

Join Edmonton Community Foundation’s Wills Week, running October 6 to 10. These free sessions — led by volunteer estate lawyers — cover wills, personal directives and more. Attend in person at venues across the city or join online.