Sideways Disinheritance: How Your Family Could Lose Their Inheritance Without Proper Planning

The idea of disputing a will when you have recently lost someone you care deeply about is not something any of us would want to face. However, for some, this is a very real prospect, particularly for children who find themselves victims of sideways disinheritance. In fact, it is thought that as many as three in four people are experiencing a dispute with inheritance.

Divorce and remarriage are increasingly common, which means more people are part of blended families. While blended families can work very well, inheritance issues may arise when one parent dies. In some cases, this can lead to sideways disinheritance, either intentionally or unintentionally. So, what does sideways disinheritance mean, and how can it happen?

Blended families can face complex inheritance issues when a parent dies. In some circumstances, children may find themselves unintentionally disinherited.

What is sideways disinheritance?

Sideways disinheritance occurs when a beneficiary, usually a child, misses out on an inheritance they were expected to receive because of a parent’s new marriage or relationship.

How does it happen?

Sideways disinheritance can happen in several ways. From a parent’s perspective, common scenarios include:

• If you die and your partner later remarries, then dies without making a will, the inheritance you wanted your children to receive may pass to your spouse’s new family instead. This could leave your children with nothing.

  
  

• If you enter a second relationship and have only a basic will leaving everything to your partner, with your children inheriting after their death, there is nothing to prevent your partner from changing their will later. As a result, your children could ultimately be excluded.

As modern family structures become more complex, the risk of sideways disinheritance can increase.

Can you prevent sideways disinheritance?

The good news is that although sideways disinheritance can happen easily, it can also be prevented with careful planning. Taking the right steps can help protect your children’s long-term inheritance.

Careful estate planning can help reduce the risk of sideways disinheritance. From professionally prepared wills to trusts, there are steps you can take to help protect your children’s future inheritance while providing for your partner.

One of the most effective steps is to make sure your will is clear, robust and professionally prepared. A well-drafted will can help protect against sideways disinheritance while also ensuring your spouse or partner is provided for after your death. You may also choose to create mirror wills, although these can still be changed in the future.

Another option is to set up a trust for your children. A trust can hold assets and help ensure they pass to the people you intend. This may allow your partner to benefit from certain assets during their lifetime while preserving inheritance rights for your children.

Finally, it is wise to seek expert advice when planning your will and wider estate arrangements. Professional guidance can help ensure your wishes are clearly recorded and your children are protected from sideways disinheritance.