Florens Florens Integrative Family Law
Expertise

Estate planning for blended families

When you have a new partner and children from an earlier relationship, good intentions are not enough. We help you plan so that everyone you care about is provided for, and disputes are less likely.

Start with a free 20-minute discovery call. Meetings across Australia, in person or online.

Rachael Aydami walking with a client

Blended families are common, and estate planning for them is one of the areas we know best. The questions are rarely about money alone. They are about fairness, security and keeping relationships intact.

A common concern is that leaving everything to a new partner may mean your children from an earlier relationship receive nothing. Leaving everything to your children may leave your partner without a home.

There are practical ways to balance both, and the right choice depends on your family, your assets and how they are owned.

A couple laughing together in their kitchen

How your property is owned matters

Property held as joint tenants passes automatically to the surviving owner, whatever your will says. Property held as tenants in common forms part of your estate.

After separation or re-partnering, changing how a home is owned can be as important as changing your will.

Property settlements

How we can assist

We bring your will, superannuation, property and any agreements together into one plan, working alongside your accountant or financial planner.

Estate planning works best when both partners plan together. We can advise you as a couple or separately, depending on your circumstances.

How we plan with you

A clear plan built around the people who matter to you.

Call 1300 739 954
  1. Understand your family

    We talk about your partner, your children and any former partner.

  2. Map your assets

    We identify what passes under your will and what does not.

  3. Consider the options

    Life interests, trusts, nominations and agreements, explained plainly.

  4. Prepare your documents

    Wills, powers of attorney and any trust provisions.

  5. Align everything else

    Superannuation nominations, insurance and property ownership.

  6. Review over time

    We recommend a review whenever your family changes.

Planning for a blended family?

Talk to us about an estate plan that protects everyone.

What blended families should know

A few points that often surprise people.

Joint ownership

A jointly owned home may pass to your partner regardless of your will.

Superannuation

Super can be paid outside your will unless you make a valid nomination.

Claims

Partners and children may be able to challenge a will that leaves them out.

Common questions about estate planning for blended families

Can I leave my home to my children but let my partner live there?

Yes. A will can give your partner a right to live in the home, or a life interest, with the property passing to your children afterwards.

What are mutual wills?

Wills made by a couple under an agreement that neither will change them. They can provide certainty but are inflexible, so we explain the alternatives first.

Should my partner and I have the same lawyer?

Often that works well. Where your interests differ, separate advice may be better, and we will tell you if we think so.

Do we need a binding financial agreement?

Not always, but an agreement can support your estate plan by recording what each of you brought to the relationship.

Can my stepchildren claim against my estate?

In some states and territories, stepchildren may be eligible to make a family provision claim. Careful planning can reduce that risk.

What happens to my super?

It is paid according to a valid nomination or at the trustee’s discretion. A binding nomination gives you more control.

Plan for everyone you love.

A short conversation can help you see the options for your family.

Privacy

Privacy policy

Updated October 2026

SJ Law Pty Ltd trading as Florens Family Law (“Florens Family Law”, “we”, “us”, “our”) is committed to protecting your privacy. This policy explains how we collect, use, disclose, store and protect your personal information, and how you can access or correct it.

We are bound by the Australian Privacy Principles (APPs) in the Privacy Act 1988 (Cth). As solicitors, we also owe you duties of confidentiality and protect legal professional privilege. A copy of the APPs is available from the Office of the Australian Information Commissioner at www.oaic.gov.au.

What personal information we collect

Personal information is information or an opinion about an identified individual, or an individual who is reasonably identifiable. Depending on your matter, we may collect:

How we collect it

Where reasonable and practicable, we collect personal information directly from you, in meetings, phone and video calls, emails, forms and through our website.

We may also receive information from others where this is needed for your matter, including the other party or their lawyers, courts, barristers, expert witnesses, family report writers, mediators, financial institutions, government agencies and other professionals you have authorised us to contact. If we receive information about you from someone else, we will take reasonable steps to let you know.

Family law matters often involve information about people who are not our clients. We handle that information with the same care, and only for the purposes of the matter.

Why we collect, use and hold it

If you choose not to provide information we reasonably need, we may not be able to act for you.

We only use sensitive information for the purpose it was provided, for a directly related purpose you would reasonably expect, with your consent, or where required or authorised by law.

When we disclose it

Subject to our professional obligations, we may disclose personal information:

We do not sell personal information.

AI-assisted tools

We use artificial intelligence (AI) tools to help us work efficiently, for example to draft and review documents, summarise material, assist with research and transcribe meetings. These tools support our lawyers. They do not replace legal judgement.

Overseas recipients

Some of our service providers may store information on servers outside Australia. Where that happens, we take reasonable steps to make sure your information is protected in a way consistent with the APPs. Otherwise, we will only send your personal information overseas with your consent, where it is needed for your matter (for example, where there are overseas assets or an international parenting issue), or where required by law.

Marketing and communications

From time to time, we may send you information about our services, insights and events, or promotional material from our trusted referrers or related entities within the Florens Group. We only use your contact details for this, never information about your matter, and we do not pass your details to other organisations for their own marketing. You are welcome to opt out at any time, by using the unsubscribe link in any of our emails or by letting us know.

Our website

When you use our website or enquiry forms, we collect the details you choose to give us. Our website may also use cookies and analytics tools to understand how the site is used, such as which pages are visited. This information does not identify you, and you can turn cookies off in your browser settings.

How we store and protect it

We take reasonable steps to protect personal information from misuse, interference, loss and unauthorised access, modification or disclosure. This includes secure electronic systems with access controls and multi-factor authentication, and secure storage of any paper records.

We keep client files for at least seven years after a matter ends, or longer where the law or the nature of the matter requires. After that, we securely destroy or de-identify the information.

If a data breach occurs that is likely to result in serious harm, we will notify you and the Office of the Australian Information Commissioner as required under the Notifiable Data Breaches scheme.

Accessing and correcting your information

We take reasonable steps to keep your personal information accurate, complete and up to date. Please let us know if anything changes or is incorrect.

You can ask to access the personal information we hold about you by contacting us in writing. We may need to confirm your identity first. There is no fee to make a request, but we may charge a reasonable fee for providing copies.

In limited circumstances permitted by the APPs, we may refuse access, for example where it would unreasonably affect another person’s privacy, where the information relates to existing or anticipated legal proceedings, or where giving access would be unlawful. If we refuse, we will explain why in writing.

Questions and complaints

If you have a question or complaint about how we handle your personal information, please contact our Privacy Officer:

Florens Family Law
reception@florens.com.au
1300 739 954

We will aim to respond within 30 days. If you are not satisfied with our response, you can contact the Office of the Australian Information Commissioner on 1300 363 992 or at www.oaic.gov.au.

Changes to this policy

We may update this policy from time to time. The current version is always available on our website.

Website disclaimer

The information on this website is general in nature and is not legal advice. Family law outcomes depend on individual circumstances, so please get advice about your own situation before acting on anything you read here. We aim to keep content current, but we cannot guarantee it is accurate or complete at the time you read it.

Using this website, or contacting us through it or by email, does not create a solicitor-client relationship. That relationship begins only once we have confirmed in writing that we will act for you. Please do not send confidential or sensitive documents until we have confirmed that we can act for you.

Links to other websites are provided for convenience. We are not responsible for their content or their privacy practices.

To the extent permitted by law, we exclude liability for any loss arising from use of this website or its content. Liability limited by a scheme approved under professional standards legislation.