Last Updated: September 21, 2026
Blended family estate planning can be more complex than planning for a first marriage or a traditional family structure. When two families come together through a new relationship, you may need to balance providing for your partner with ensuring that assets ultimately pass to your own children.
The legal arrangements that achieve these objectives — including wills, testamentary trusts, binding financial agreements and mutual wills — need to be prepared by an estate planning solicitor. Veyron Wealth Group does not draft wills or provide estate-law advice.
Our role is to help you understand how your superannuation, investments, insurance, debt, cash flow and other financial assets fit into your broader estate-planning strategy. We can then work alongside your solicitor and other professional advisers so that the financial arrangements and legal documents are properly coordinated.
The core tension for many blended families is straightforward:
How do I provide for my partner while also ensuring my children are appropriately provided for?
There is no single structure that is right for every family. The appropriate approach depends on your assets, relationships, wishes, tax position and the laws applying to your circumstances.
Watch Out: Do not assume that an existing will continues to reflect your wishes after a new marriage, separation or other major life event. Marriage can affect the validity of an existing will, subject to specific legal exceptions. Your estate planning solicitor should review your will whenever your family circumstances change.
Best Practice 1: Review Beneficiary Nominations and Superannuation Death Benefits
Superannuation generally does not automatically form part of your estate. Your super fund’s trustee determines who receives your superannuation death benefit, subject to the applicable rules and any valid beneficiary nomination.
This means your superannuation needs to be considered separately from your will.
Depending on the fund and circumstances, you may have options including:
- Non-binding beneficiary nomination — provides your wishes to the trustee, but the trustee generally retains discretion.
- Binding death benefit nomination — where valid, directs the trustee to pay the benefit according to the nomination.
- Non-lapsing binding nomination — available for some funds and, where valid, can remain in place until it is changed or otherwise ceases to operate.
The exact rules vary between superannuation funds, so the nomination should be checked with your fund and adviser.
This becomes particularly important after:
- marriage or entering a new relationship;
- separation or divorce;
- the birth or adoption of a child;
- the death of a beneficiary;
- changing superannuation funds;
- changes to your estate-planning arrangements; or
- significant changes in your financial circumstances.
Life insurance should also be reviewed. In particular, consider whether the policy is held inside or outside superannuation and who is entitled to receive the proceeds.
Veyron’s role: We can review your superannuation and insurance arrangements and explain the financial implications of different beneficiary strategies. Your solicitor can advise on the legal aspects of your estate plan and prepare any required legal documents.
Best Practice 2: Consider Whether a Testamentary Trust Is Appropriate
A testamentary trust is a trust established under a will that comes into effect following death. It can provide greater control over how certain assets are managed and distributed to beneficiaries.
For some blended families, a testamentary trust may form part of a strategy to provide for a surviving partner while also preserving assets for children from a previous relationship.
For example, a legal structure might provide a surviving partner with access to assets during their lifetime while establishing conditions around what happens to remaining assets after their death.
However, the appropriate structure depends heavily on the family’s circumstances and legal objectives.
A testamentary trust involves legal drafting, trustee responsibilities and ongoing administration. It should therefore be discussed with an estate planning solicitor before being incorporated into your estate plan.
Veyron’s role: We can help model the financial consequences of different scenarios — such as the income required by a surviving partner, the assets available to support them and the impact on the broader financial plan — and provide relevant financial information to your solicitor.
Best Practice 3: Understand the Risk of Family Provision Claims
Australian estate law allows certain eligible people to make claims against an estate where they believe adequate provision has not been made for them. The eligibility requirements and applicable laws differ between Australian states and territories.
In a blended family, potential issues can arise involving:
- a current spouse or partner;
- children from a previous relationship;
- step-children in certain circumstances;
- dependants; and
- other eligible persons.
The possibility of a family provision claim is a legal issue, not something a financial adviser can determine.
An estate planning solicitor can explain the relevant law and advise on strategies that may help achieve your objectives and manage potential risks.
From a financial planning perspective, it is useful to understand the potential consequences of different outcomes. For example, if a significant asset is intended to pass to children, how would the surviving partner’s ongoing income and housing needs be funded?
This is where estate planning and financial planning need to work together.
Best Practice 4: Consider Legal Agreements Where Appropriate
Blended families sometimes consider legal arrangements such as binding financial agreements (BFAs) or mutual wills.
A BFA is a legal agreement dealing with financial arrangements between parties to a relationship. Depending on its terms and circumstances, it may address how assets and liabilities are dealt with if the relationship ends.
Mutual wills involve specific legal arrangements between people concerning their wills and future estate distributions. They can be complex and have important legal consequences.
Neither arrangement should be prepared or relied upon without appropriate legal advice.
An estate planning solicitor or family lawyer can explain whether these arrangements are appropriate, how they should be drafted and what legal limitations apply.
Comparing Common Estate-Planning Tools
| Tool | General purpose | Who should advise/draft it? | Key consideration |
|---|---|---|---|
| Will | Sets out how your estate is intended to be distributed | Estate planning solicitor | Must reflect current family circumstances |
| Testamentary trust | Can control how certain estate assets are managed and distributed | Estate planning solicitor | Trustee duties, administration and legal structure |
| Binding financial agreement | Deals with financial arrangements between relationship partners | Family lawyer | Strict legal requirements apply |
| Mutual wills | Can establish agreed arrangements concerning future wills | Estate planning solicitor | Complex and potentially difficult to change |
| Beneficiary nomination | Directs or influences who receives superannuation death benefits | Super fund, adviser and solicitor as appropriate | Rules differ between funds and nomination types |
| Life insurance nomination | Determines who receives certain insurance proceeds | Insurer, adviser and solicitor as appropriate | Treatment depends on ownership and policy structure |
Watch Out: Estate-planning documents should not be treated as interchangeable. A will does not simply control everything you own. Superannuation, jointly owned assets, trusts, companies and insurance policies can all have different ownership and beneficiary arrangements.
Best Practice 5: Coordinate Your Solicitor and Financial Adviser
For a blended family, estate planning works best when the legal and financial aspects are considered together.
Your estate planning solicitor is responsible for advising on the law and preparing documents such as:
- wills;
- testamentary trusts;
- powers of attorney;
- binding financial agreements; and
- other estate-planning documents where appropriate.
Your financial adviser can help with the financial side of the strategy, including:
- superannuation;
- beneficiary nominations;
- investments;
- insurance;
- debt;
- cash flow;
- retirement income;
- business interests; and
- the financial consequences of different estate-planning scenarios.
Your accountant may also need to be involved where there are tax, business, trust or ownership issues.
The objective is not for one professional to do everything. It is to make sure the different parts of the plan work together.
Communication Can Be Just as Important as Documentation
Legal documents are important, but communication can also help reduce misunderstanding within a blended family.
Consider discussing your broad intentions with your family where appropriate. You do not need to disclose every financial detail, but explaining that your estate plan is designed to balance the needs of different family members can help manage expectations.
Where family relationships are particularly complex, a professional mediator may also assist with difficult conversations.
You can also prepare a non-binding letter of wishes for your executor or family explaining the reasoning behind certain decisions. Your solicitor can advise whether this is appropriate and how it should be prepared.
A letter of wishes does not replace your will or other legal documents.
Digital Assets, Tax and the Blended Family Checklist
Estate planning should also consider assets and information that are easily overlooked, including:
- online accounts;
- digital photographs and documents;
- cryptocurrency;
- social media accounts;
- online investments; and
- important financial records.
Your solicitor can advise on the legal aspects of dealing with these assets, while your financial adviser can help ensure your broader financial records and investment arrangements are properly documented.
Review Your Estate and Financial Plan After Major Life Events
Consider reviewing your arrangements after:
- marriage or entering a new relationship;
- separation or divorce;
- birth or adoption of a child;
- death of a family member or beneficiary;
- major property purchase or sale;
- significant inheritance;
- starting or selling a business;
- changes to your superannuation;
- significant changes to your insurance; or
- a major change in your financial circumstances.
How Veyron Can Help With Blended Family Financial Planning
Blended family estate planning is ultimately about more than writing a will.
The legal documents need to reflect your wishes, but your superannuation, investments, insurance, debt, cash flow and retirement income also need to support the overall strategy.
At Veyron, we do not write wills or provide estate-law advice. Instead, we can help you understand the financial side of your estate-planning objectives and work with your estate planning solicitor to coordinate the broader strategy.
That may include reviewing:
Superannuation → Investments → Insurance → Debt → Cash Flow → Retirement Income → Estate Planning
Your circumstances may also require your accountant, solicitor, business adviser or other professional to be involved.
Your Money. Your Family. Your Plan.
A blended family does not necessarily need a complicated financial plan, but it does require the different pieces to be considered together.
The starting point is understanding what you want to achieve for your partner, your children and your broader family — then working with the appropriate professionals to put the legal and financial arrangements in place.
Boring money. Exciting life.
Frequently Asked Questions
What is the best type of will for a blended family?
There is no single “best” will for every blended family. The appropriate estate-planning structure depends on your family circumstances, assets, relationships and wishes.
An estate planning solicitor may recommend a straightforward will, a testamentary trust or another legal structure, depending on your circumstances. In some cases, superannuation death benefit nominations and ownership structures also need to be considered alongside the will.
A testamentary trust may provide greater control over how certain assets are managed and distributed after death. For example, it may form part of a strategy to provide for a surviving partner while also preserving assets for children from a previous relationship.
Veyron can help you understand the financial implications of different strategies, including superannuation, investments, insurance and retirement income. Your estate planning solicitor should advise on the legal structure and prepare your will and other estate-planning documents.
Do stepchildren have inheritance rights in Australia?
Stepchildren do not automatically have the same inheritance rights as biological or legally adopted children, and the rules governing potential claims differ between Australian states and territories.
In some circumstances, a stepchild may be an eligible person to make a family provision claim against an estate. Whether they can make a claim, and whether a claim would succeed, depends on the specific circumstances and the law applying to the estate.
Because this is a legal issue, an estate planning solicitor should advise you about the position of your stepchildren and any potential family provision risks.
From a financial planning perspective, Veyron can help you consider how your assets, superannuation, investments and insurance could be structured to support your broader family objectives. Your solicitor can then ensure the appropriate legal documents reflect your wishes.
How does a superannuation death benefit nomination work for blended families?
Superannuation generally does not automatically form part of your estate. The trustee of your superannuation fund determines who receives a death benefit, subject to the applicable superannuation rules and any valid beneficiary nomination.
Depending on the fund, you may be able to make a non-binding beneficiary nomination, binding death benefit nomination or non-lapsing binding nomination. The availability and operation of these nominations can vary between funds.
In some circumstances, a binding nomination directing a death benefit to your legal personal representative can result in the benefit being paid to your estate and dealt with under your will. However, this can have important legal and tax consequences and should not be implemented without considering the overall estate plan.
For a blended family, the superannuation nomination should therefore be considered alongside your will, other assets, insurance and intended beneficiaries.
Veyron can review your superannuation arrangements and explain the financial and tax considerations. Your estate planning solicitor can advise on the legal implications and how the nomination should interact with your estate-planning documents.
What are the risks of a “mirror will” in a blended family?
A “mirror will” generally refers to wills where two partners make substantially similar arrangements, often leaving assets to each other first and then to their children.
While this may be appropriate for some couples, it can create different considerations in a blended family. For example, if the first partner dies and the surviving partner subsequently changes their will, remarries or deals with the assets differently, the intended distribution to children from the first relationship may not occur as originally anticipated.
This does not mean that mirror wills are inherently inappropriate. The important question is whether the legal arrangements properly reflect what both partners intend to happen during their lifetimes and after their deaths.
An estate planning solicitor can explain options such as testamentary trusts, mutual wills or other legal structures and the advantages and limitations of each.
Veyron can then help assess the financial consequences of the proposed arrangements, including the impact on superannuation, investments, insurance, retirement income and the surviving partner’s financial position.
The objective is to ensure that the legal estate plan and the broader financial strategy are considered together, rather than treating the will as a stand-alone document.
