With blended families on the rise in Canada, estate planning has become somewhat more complex, owing to the unique dynamics often present when spouses bring children from previous relationships into new ones.
Whether the children were young when the families were blended or were already grown up and independent often has no bearing on the complexity of blended estate planning, and a lot more detailed planning and professional guidance may be required.
Below are some common concerns often encountered by blended families when estate planning:
Support obligations that are competing with one another
While individuals are usually allowed within Canadian estate law to gift their estate to anyone, an exception does apply if an individual is obligated to support another individual financially, such as a child or spouse.
Where a blended family is concerned, it may be that there’s a separation agreement or court order mandating child or spousal support be ongoing, which must continue even in the event of the payor’s death. Also, if the child or spouse who is financially dependent on the deceased wasn’t left sufficient funds by them, they may be permitted by law to claim support from the estate of the deceased.
Ultimately, if the estate wishes of an individual aren’t in accordance with their legally binding support requirements, issues will inevitably arise.
A spouse’s right to property
As well as support rights, a spouse may also have rights to a portion of the estate of the deceased under property rights laws. As is the case with support obligations, spousal property rights laws vary from province to province, making it important to seek professional guidance to clarify any concerns you might have while planning your estate.
Legacy plans that aren’t consistent
When a family situation is more traditional, how a spouse wants their estate to be divided is usually agreed upon; everything is often left to one another, and then what remains is split between the children. When a family is a blended one, however, should a spouse have entered the relationship with some of their own financial wealth, as well as children from a previous relationship, this may well lead to estate planning that isn’t in alignment with their new partner. Should assets that are owned jointly enter the equation, estate planning complexities can intensify, as such assets are passed legally to the spouse who is surviving when the first spouse dies. In such instances, the spouse who is first to pass away will be unable to specify who the assets should be passed onto, following the second spouse’s death.
Conflict or mistrust within the family
Blended family situations have the potential to make family conflict even more concerning during estate planning, when the distribution of family funds may not always be as every family member wishes and competing interests cause arguments and rifts.
Does this all sound ridiculously complicated? Unfortunately, where blended families are concerned, estate planning can be exactly that! But with help from a local estate lawyer, you can make better sense of it all and ensure that your estate is planned with your wishes in mind.
Melissa Williams 
Brooks Reynolds