Wills and remarriages: how to protect your spouse, children, and assets

When it comes to wills, the topic of remarriage is among the most delicate. The creation of a new family brings with it new needs for protection, but also potential conflicts between the current spouse, the children from the first marriage, and any children born from the second. Therefore, planning your succession in advance becomes essential to ensure peace of mind for your loved ones and protect your assets.

The situation after remarriage

Remarriage significantly changes the succession structure. Upon the death of a married person, the surviving spouse is a legitimate heir and is entitled to a legitimate share of the inheritance, regardless of the existence of a will. Likewise, children, whether from the first marriage or a second, are always legitimate heirs and cannot be excluded.

In the absence of a will, the rules of legitimate succession apply, which divide the estate into pre-established shares. This, however, can lead to divisions that are unfair or not in line with the deceased's true wishes. For example, the new spouse could become co-owner of a property together with the children from the first marriage, creating difficult management situations or potential disputes.

The Role of a Will

Drafting a will allows you to plan the transmission of assets in a more balanced way. It is not possible to disinherit a spouse or children; the law reserves a minimum share for them, called the legitimate share. However, it is possible to decide how to distribute the available share, allocating it, for example, to the spouse to ensure greater financial security, or to the children to ensure adequate protection of the family assets.

The will may also contain specific provisions, such as the preferential assignment of an asset to one of the co-heirs, the right of residence in the family home for the surviving spouse, or the creation of a destination restriction to protect certain assets.

Children from First and Second Marriages: Ensuring Equity

An often overlooked aspect is the need to ensure equity between children from different marriages. Without careful planning, there is a risk of imbalances that can deteriorate family relationships. With a will, however, it is possible to assign assets of equivalent value to each child, perhaps compensating those who have already received donations during their lifetime or those with greater financial needs.

Tools such as a family pact or the establishment of a trust can help manage family businesses or complex estates in an orderly manner, avoiding divisions between heirs and ensuring continuity in management.

Protecting the new spouse

Those who remarry often want to ensure their new spouse has a decent standard of living even after their death. In addition to the legitimate share, it is possible to allocate additional assets to the spouse through the disposable share, assign them the right of habitation or usufruct on a property, or set up a patrimonial fund.

In the presence of minor children, it is important that the will provisions do not create management conflicts: for this reason, the advice of an probate expert becomes essential to prepare a valid and balanced deed.

Planning is key

Remarriages should not be cause for uncertainty or future conflicts. With a well-written will and professional advice, such as that of the Agenzia delle Successioni, you can ensure that the testator's wishes are respected, that the new spouse is protected, and that all children, from a first or second marriage, receive their fair share of the inheritance.

Contacting the Agenzia delle Successioni allows you to choose the most suitable instrument—a holographic will, public will, trust, or destination restriction—and to best protect your assets, avoiding painful disputes and divisions among loved ones.

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