Wills and trusts: How blended families can navigate succession planning

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MUMBAI: Raj went through a divorce five years ago and is now remarried to Anita (who is also divorced from her husband). Raj has two children from his previous marriage and one from his new marriage. Anita has one child from her previous marriage as well. Raj hasn’t formally adopted the child of Anita’s previous marriage. 

In a one-time settlement during his divorce, he fully provided for his wife and the two children and had no further obligations towards them. He wishes to leave his assets for Anita, his child from his marriage with Anita, and some portion of the wealth for Anita’s child from her previous marriage. What do you think will happen in case of Raj's untimely death? 

If Raj has not made a will, his assets will be divided between Anita and his three children (the two from the previous marriage and the one from his marriage with Anita).

This is not what Raj wished for. However, as per the Hindu laws of succession, if a person dies intestate (i.e. without making a will), his assets will be divided between his mother, wife and children equally. A question arises as to who are considered as “ children" in a blended family. In this case, Raj’s children from the previous marriage and his child from marriage with Anita shall be considered as his children. Since he has not formally adopted the child of Anita’s previous marriage, that child wouldn't be considered as Raj’s child from a legal perspective.

Can this heartburn in the family and non-fulfilment of Raj’s wishes be avoided? Yes. By making a WILL and specifying in it, unambiguously, Raj's desires.

Blended families have been on the rise in recent years. These families include a mix of biological and non-biological family members, including children from past and