Blended families create unique challenges under any ANC. Whether you’re married with or without accrual, your ANC blended families situation requires explicit planning to protect both your new spouse and your biological children from previous relationships.
In ANC blended families without accrual, your new spouse has zero automatic inheritance. Your biological children from previous marriages can be protected but only if your will explicitly names them. Without a clear ANC blended families will, your new spouse inherits nothing and your children inherit according to intestacy law, which may not reflect your wishes.
In ANC blended families with accrual, your new spouse’s accrual claim competes with your children’s inheritance. Your biological children may deeply resent that their stepparent’s accrual claim reduces their inheritance.
According to Tasneem Mahomed, director at Engelsman Magabane Incorporated, “ANC blended families disputes are some of the most painful. Children feel their inheritance is stolen by a stepparent. Spouses feel entitled to accrual claims. Wills that don’t account for ANC blended families dynamics create years of family conflict.”
Understanding ANC blended families without accrual
In ANC blended families without accrual, you have maximum flexibility. Your new spouse has no automatic claim. You can leave everything to your children, everything to your spouse, or split distribution however you wish.
But this flexibility requires explicit will documentation. Your ANC blended families will must be crystal clear: “To my new spouse, I leave my house at 42 Main Street. To my children from my previous marriage, I leave my investments totalling R500,000.”
Without this clarity in your ANC blended families will, your new spouse may challenge the will claiming they expected to inherit. Your children may dispute whether they’re receiving their full entitlement.
Understanding ANC blended families with accrual
In ANC blended families with accrual, your new spouse’s accrual claim is automatic. This claim must be satisfied first before other distributions. Your ANC blended families will must address this explicitly.
Many testators making ANC blended families wills don’t calculate their spouse’s accrual claim. They assume equal distribution to all children. Then their spouse’s accrual claim arrives at R600,000, and the children’s inheritance is cut.
Communication in ANC blended families
ANC blended families situations demand open family communication. Discuss your wishes with both your new spouse and your biological children. Explain your ANC blended families plan and your reasoning.
This conversation feels uncomfortable. But it prevents far worse discomfort after your death when your ANC blended families will is read and disputes erupt.
For legal advice, contact Engelsman Magabane Incorporated:
Phone: 053 832 8134 or 053 832 8135
Email: [email protected]
*This article was written by Engelsman Magabane Incorporated and forms part of the Estate Matters series on Legal Notice Publishing. It is intended for general information only and should not be relied on as legal advice. Readers who require advice specific to their circumstances can consult Engelsman Magabane Incorporated directly.
