A Will in a Blended Family: Protect Everyone
· 6 min
In a blended family, a will is practically essential because the law does not automatically protect stepchildren or provide the spouse with sufficient security. A carefully drafted will prevents conflicts and secures everyone's position.
- Stepchildren have no statutory inheritance rights - a will is the only way to leave them an inheritance
- Biological children always have the right to a forced share (lakiosa, half the statutory inheritance share), which cannot be overridden by a will
- A mutual will with a secondary disposition clause is often a safe solution for blended families
Many blended family parents have not considered how inheritance matters would be settled without a will. The result can be surprising - and for many, unfair. In a blended family, a will is practically essential.
Why Does a Blended Family Need a Will?
Under the Finnish Code of Inheritance (perintökaari), of the children only the deceased's own (biological and adopted) children are heirs. This means:
- Stepchildren do not inherit anything without a will - regardless of how long they have lived in the family
- Biological and adopted children inherit their parent under the Code of Inheritance, including children with whom there may not be a close relationship
- A spouse does not inherit if the deceased has children. Under chapter 3, section 1 of the Code of Inheritance, a spouse inherits only if the deceased left no direct descendants. The spouse's position is still partly protected: the spouse may keep the home in their possession (chapter 3, section 1 a)
A married surviving spouse does not usually have to give up the home even if the deceased's children demand their share: under chapter 3, section 1 a of the Code of Inheritance, the surviving spouse may keep the home used by the spouses together undivided in their possession despite the children's claim to division, unless the spouse owns a suitable home of their own. The real risks concern a cohabiting partner (who has no such right) and how the home is divided after the surviving spouse dies. In addition, a stepchild who has been raised as one's own may be left entirely without an inheritance. For more, see the rights of the surviving spouse.
The Forced Share: A Boundary That Cannot Be Crossed
When drafting a will for a blended family, the most important concept to understand is the forced share (lakiosa). Under the Code of Inheritance (perintökaari), a direct heir's (biological or adopted child's) forced share is half of the inheritance share they would receive without a will.
Example: The family has a spouse and three biological children. Without a will, each child would inherit one-third (the spouse does not inherit when the deceased has children). The forced share is therefore 1/6 for each. The remaining 3/6 of the estate can be freely disposed of by will.
The forced share cannot be overridden by a will, but the heir must actively claim it within six months of being notified of the will. If the claim is not made, the forced share is forfeited.
Will Options for Blended Families
1. Mutual Will with a Secondary Disposition Clause
This is often a safe solution for blended families. The spouses bequeath their property to each other but also specify who receives the property after the surviving spouse dies.
In practice, this means:
- The first-to-die's property transfers to the surviving spouse with a right of use or full ownership
- After the surviving spouse's death, the property is divided according to the secondary disposition - for example, each spouse's property goes to their own biological children
- This secures both the surviving spouse's housing and the children's eventual inheritance
See also the will guide.
2. Right-of-Use Will
The surviving spouse is given a right of use to the property (for example, the right to live in the shared home), but ownership transfers directly to the children. This is particularly protective in situations where you want to ensure the property does not end up with the surviving spouse's new partner.
3. Legacy to Stepchildren
If you want to leave an inheritance to stepchildren, it must be done by will. You can bequeath a specific sum of money, an item, or a share of your property. Remember, however, that biological children's forced shares take precedence over legacies.
Practical Examples
Example 1: Children on Both Sides
Mikko has two children from a previous marriage. Anna has one child from a previous marriage. They have a shared home and a shared savings account.
Solution: A mutual will where the surviving spouse receives a right of possession to the shared home. By secondary disposition, Mikko's share goes to his children and Anna's share to her child. Each can also bequeath a legacy to the other spouse's child if they wish.
Example 2: Shared and Non-Shared Children
Sari has one child from a previous relationship and two shared children with her current spouse Tommi. Tommi has no other children.
Solution: A mutual will that accounts for the fact that Sari's child from the previous relationship only inherits from Sari. In the secondary disposition, Tommi's property is divided between the two shared children; Sari's property is divided among all three children.
The Impact of an Ex-Spouse
Although an ex-spouse has no inheritance right to their former spouse, they can significantly affect the situation:
- Representing minor children: If the shared children are minors, the ex-spouse, as a custodian, may represent them in inheritance matters
- Claiming the forced share: A custodian can claim the forced share on behalf of minor children
This is why it is worth clarifying whether the division of property from the earlier marriage has been completed, and asking an expert for advice.
The Interplay of Prenuptial Agreement and Will
In a blended family, a prenuptial agreement and a will go hand in hand. A prenuptial agreement can specify which assets fall within marital property rights and which do not. This is especially important if one spouse has significantly more wealth or inherited property.
Recommendation: Draft the prenuptial agreement and will at the same time, so they form a coherent whole.
When to Use a Lawyer
While a will can in principle be drafted independently, in blended family situations using a lawyer is practically essential. Reasons include:
- Calculating forced shares in situations with multiple children and different pools of assets is complex
- Drafting secondary disposition clauses requires legal precision
- Considering tax effects - ask an expert about inheritance tax and check the current tax classes with the Tax Administration
- An incorrectly drafted will may be invalid or produce an outcome the testator did not intend
Costs: A lawyer's fee varies with the scope of the assignment, so ask for a quote in advance. The fee is usually small compared with potential dispute costs.
Checklist for a Blended Family Will
- Map out the situation: List all biological children, stepchildren, previous marriages, and assets
- Talk with your spouse: An open conversation about wishes and concerns is an essential starting point
- Calculate the forced shares: Determine each direct heir's forced share
- Choose the type of will: A mutual will with a secondary disposition clause is often the best option
- Consider a prenuptial agreement: It complements the will and clarifies ownership
- Use a lawyer: A blended family will is too important to leave to guesswork
- Review regularly: Life situations change - review the will every few years
A will is not a declaration of distrust in the family. It is an act of love that protects all your loved ones.
Sources
Frequently asked questions
Do stepchildren automatically inherit anything?
No. Under Finnish inheritance law, of the children only the deceased's own (biological and adopted) children are heirs. Stepchildren (a spouse's children from a previous relationship) do not inherit anything without a will, even if they have lived in the family their entire lives.
What is the forced share and can it be overridden by a will?
The forced share (lakiosa) is the minimum inheritance for a biological or adopted direct heir, amounting to half of what the heir would receive without a will. The forced share cannot be overridden by a will - however, the child must actively claim it within six months of being notified of the will.
What is a mutual will in a blended family?
In a mutual will, spouses bequeath their property to each other. In a blended family, a secondary disposition clause is usually added, specifying who receives the property after the surviving spouse dies. This secures both the spouse's housing and the children's eventual inheritance.
Is a lawyer always needed to make a will for a blended family?
By law, a will does not need to be drafted by a lawyer. However, the complex situations of blended families - forced shares, secondary dispositions, ownership structures - make professional help practically essential.
How does an ex-spouse affect inheritance matters in a blended family?
An ex-spouse has no inheritance right to their former spouse. However, they can indirectly affect the situation: the forced share of common children must be paid, and if the children are minors, the ex-spouse may, as a custodian, represent them in inheritance matters.