What is sideways disinheritance and how can it be avoided?

So called sideways disinheritance occurs when beneficiaries (most often children of a first marriage) do not inherit their intended share of an estate due to remarriage.  

Examples of sideways disinheritance

Take as an example, a situation where you pass away and your partner re-marries and then passes away without making a Will (intestate). Your children’s intended inheritance is likely to pass to the new spouse’s family leaving your children from your first marriage with nothing.

Another example is where you could be in a second relationship and only have basic wills in place, leaving everything to each other and then the children.  If you pass away the surviving partner could change their Will and cut out your children altogether.

Imagine how complicated this could be for those in second or third relationships with children from previous families.

How to protect children from sideways disinheritance?

It is actually very easy to put protection in place to stop this happening to your children. The first way is by having comprehensive wills to cover the position. But even this may not be sufficient. Depending on your circumstances a discretionary trust could be advisable to protect your children’s inheritance.

Are you a beneficiary who has fallen foul of the sidewise disinheritance trap and feel that you have not received what you should have been entitled to under a will or alternatively, are you looking to draw up a will and want to make sure that your assets are divided fairly and in accordance with your wishes?

At Alexander JLO we have decades of experience of dealing with all aspects of law and will be happy to discuss your case in a free no obligation consultation. Why not call us on +44 (0)20 7537 7000, email us at info@london-law.co.uk or get in touch via the contact us button and see what we can do for you?

This blog was prepared by Alexander JLO’s senior partner, Peter Johnson on 17th August 2020 and is correct at the time of publication. With decades of experience in almost all areas of law Peter is happy to assist with any legal issue that you have. He is widely regarded as one of London’s leading lawyers. His profile on the independent Review Solicitor website can be found Here