Farra is a death administration assistant for UK families. Get step-by-step guidance for registering a death, applying for probate, notifying banks, and managing bereavement admin. From essential documents to practical checklists, Farra simplifies estate paperwork and funeral-related tasks so you can focus on what matters.
Second marriages with children from a first relationship create one of the most acute intestacy problems. The standard intestacy formula gives the second spouse a large priority share — which may be entirely appropriate — but it can leave the first-marriage children with a fraction of what their parent would have intended, or in some cases, with nothing at all. Without a will, the law cannot balance these competing interests.
Have more questions on UK death administration? Let Farra help.
Under the Administration of Estates Act 1925, when someone dies married with children, the intestacy formula is:
Note the critical point: children from the first marriage share only the half-remainder above £322,000, equally with any children from the second marriage. If there are no children from the second marriage, the first-marriage children still only get the half-remainder.
For the full intestacy overview, see our main intestacy guide.
Consider: James is in his second marriage to Helen. He has two adult children from his first marriage (Anna and Ben). James and Helen have no children together. James owns a house (held as tenants in common with Helen, each owning 50%) worth £600,000. He has savings of £80,000. James dies without a will.
James's estate consists of his half of the house (£300,000) and his savings (£80,000) = £380,000.
James may have wanted Anna and Ben to each receive a substantial share of his £380,000 estate. Instead, they receive £14,500 each, while the house they may have grown up in passes largely to Helen.
Now consider a smaller estate: James has only his half of the house (£300,000) and no savings. His estate = £300,000. This is below the £322,000 statutory legacy threshold — so Helen inherits everything and Anna and Ben receive nothing.
A further risk unique to second-marriage scenarios is the double-inheritance problem. When James dies, Helen inherits the bulk of his estate. When Helen later dies — if she also dies without a will or leaves everything to her own family — James's first-marriage children may receive nothing from either estate.
James intended for Anna and Ben to benefit from his lifetime's assets. Under intestacy, they may end up with very little from his estate, and nothing from Helen's estate (which is not their legal entitlement in any case). James's accumulated wealth passes entirely to Helen and her family.
This is one of the most important reasons for professional estate planning in second-marriage families. See also our guide on dying without a will in a blended family.
The statutory legacy was designed to protect a surviving spouse — but at a figure of £322,000, it may represent a very large proportion of a typical estate. In many parts of the UK where property prices are lower, an estate of £322,000 is a large estate. In such cases, the first-marriage children may receive nothing at all.
The figure was last updated in February 2020 and does not automatically increase with inflation or property prices. For more on how the statutory legacy works, see our guide on dying without a will when married with children.
If the family home was held as joint tenants with Helen, it passes to Helen by survivorship — outside the estate entirely. The first-marriage children have no claim on the property. Helen becomes the sole owner.
If held as tenants in common, the deceased's share forms part of the estate and is distributed under the intestacy formula as described above. Helen would receive the statutory legacy amount from the estate (which likely covers much or all of the deceased's property share), with the first-marriage children receiving only any remaining portion.
See our guide on dying without a will with a joint mortgage.
Helen (the surviving second spouse) has first priority to apply for letters of administration. This means that the person who benefits most from intestacy is also the person who administers the estate. This can create tensions with the first-marriage children, who are also beneficiaries but have less power in the process.
The administrator owes duties to all beneficiaries. If the first-marriage children suspect the estate is being administered unfairly, they can seek legal advice or apply to the court for oversight. See our guide to applying for letters of administration.
The first-marriage children are already entitled under the intestacy rules — they receive a share of the remainder above £322,000. To bring an Inheritance Act 1975 claim for more, they would need to show that the intestacy provision is not “reasonable financial provision.”
For adult children, the standard is maintenance provision (not the full standard for spouses). Courts take into account all circumstances — the children's financial needs, the second spouse's needs, and the size of the estate.
Such claims must be made within six months of letters of administration being granted. Legal advice is essential.
For anyone in a second marriage with children from a first relationship, a will is not optional. The most common professional solution is a life interest trust:
This arrangement protects the second spouse's security while ensuring the first-marriage children ultimately receive their parent's assets. It also has inheritance tax advantages in some cases.
Get personalised help from Farra or use our probate checklist.
Married with children and no will? Your spouse gets £322,000 plus personal chattels plus half the remainder. Children share the other half. Full UK intestacy rules explained.
When someone dies without a will and no surviving spouse, children inherit equally. How UK intestacy rules divide the estate between children, and what to do next.
After divorce, your ex-spouse loses all intestacy rights. After remarriage, your new spouse inherits. Children from the first marriage may be left with little. UK intestacy law explained.
Estrangement does not affect a biological child's right to inherit under UK intestacy law. An estranged child has the same entitlement as a close child. What families need to know.
If you die married with no children and no will, your spouse inherits your entire estate. How the intestacy rules work, what documents are needed, and next steps.
Your AI companion for UK death administration—combining practical guidance with emotional support, available 24/7.
Your AI companion for UK death administration
Free to start • £129 for full access • 30-day guarantee