Estate planning for a blended family—where one or both spouses have children from previous relationships—requires extra care and strategic planning to ensure fairness, avoid conflict, and protect everyone’s interests. Here are the top things to consider when planning your estate in this context, especially in Ontario:
🧭 Key Considerations for Blended Family Estate Planning
1. Create or Update Your Will
A new marriage revokes previous wills in Ontario unless made in contemplation of marriage1.
Clearly outline how assets will be distributed between your current spouse, biological children, and stepchildren.
Without a valid will, Ontario’s Succession Law Reform Act applies, which may unintentionally exclude stepchildren.
2. Use Trusts to Balance Interests
A spousal trust allows your spouse to benefit from assets during their lifetime, with the remainder going to your children after their death.
A family trust can help distribute wealth fairly and minimize taxes or probate fees.
Trusts can prevent unintended disinheritance and ensure long-term control over asset distribution.
3. Consider a Marriage Contract
A marriage contract (prenuptial agreement) can:
Protect assets for children from previous relationships.
Clarify property division and spousal support obligations.
Prevent disputes over equalization payments under Ontario’s Family Law Act.
4. Update Beneficiary Designations
Review RRSPs, TFSAs, life insurance, and pensions.
Ensure designations reflect your current family structure—prior spouses may still be listed if not updated.
5. Plan for Support Obligations
Consider ongoing child or spousal support from previous relationships.
Ontario law allows dependents (including stepchildren in some cases) to claim support from your estate if financially dependent.
6. Choose the Right Executor
Appoint someone neutral and trustworthy who can navigate complex family dynamics.
Avoid choosing a spouse or child who may be perceived as biased.
7. Communicate Openly
Hold family meetings to discuss your intentions and avoid surprises.
Transparency helps manage expectations and reduce future conflict.
8. Use Life Insurance Strategically
Life insurance can provide direct financial support to children from a previous marriage.
This allows other assets to be left to a spouse without disinheriting children.
9. Avoid Joint Ownership Without Planning
Joint ownership (e.g., of a home) may bypass your will and go directly to the surviving spouse.
This can unintentionally exclude your children from inheritance.
10. Review Regularly
Update your estate plan after marriage, divorce, birth of children, or major financial changes.
Laws and family dynamics evolve—your plan should too.
Disclaimer:
The content on this website is provided for general informational purposes only and does not constitute legal or professional advice. Visitors are encouraged to seek specific legal guidance by contacting the lawyers at CRS Law Collective or their own legal counsel regarding any particular matter. CRS Law Collective does not guarantee the accuracy, completeness, or currency of any information on this website. The materials published here are current as of their original publication date and should not be relied upon as accurate, complete, or applicable to any specific situation.
If you have further questions or concerns, please contact Carson Law and one of our lawyers would be happy to help.
905.336.8940 x 1000
info@carsonlaw.ca
