Modern Family Estate Planning: What the Longleat Case Tells Us About Surrogacy and Inheritance
Modern family estate planning has become increasingly important after the recent Longleat estate ruling, which raised questions about surrogacy, inheritance rights and historic family trusts.
According to recent reports, the case involved Henry Thynn, the younger son of Ceawlin Thynn, the 8th Marquess of Bath, and Emma, Marchioness of Bath. Henry was born in 2016 through a surrogacy arrangement in the United States after Lady Bath experienced serious medical complications during her first pregnancy.
Although Henry is understood to be the biological child of both parents, uncertainty reportedly arose over whether he could benefit from longstanding family trusts connected to the Longleat estate. The High Court has now allowed him to potentially be included as a beneficiary.
While this case involves a substantial aristocratic estate, the issue behind it is relevant to many families. Modern family structures now include surrogacy, IVF, donor conception, adoption, second marriages, unmarried partners, stepchildren and blended families.
However, many wills and trusts were written years ago using traditional wording that may not reflect these realities.
Why Modern Family Estate Planning Matters
Modern family estate planning is about making sure your wills, trusts and inheritance arrangements reflect your actual family circumstances.
Older legal documents often use terms such as:
- children
- issue
- descendants
- heirs
- family members
- beneficiaries
These terms may appear simple, but they can create uncertainty if they are not clearly defined.
For example:
- Does “children” include adopted children?
- Does it include stepchildren?
- Does it include children born through surrogacy?
- Does it include donor-conceived children?
- What happens if a child is born after the will was written?
If the wording is unclear, executors, trustees and beneficiaries may disagree about who is entitled to inherit.
That is why modern family estate planning should not be treated as a one-time task. It should evolve as your family, assets and legal responsibilities change.
What the Longleat Case Highlights
The Longleat case appears to have centred on historic trust wording and whether it could include a child born through surrogacy.
The important point is not only the size of the estate. The key issue is whether older legal documents can properly deal with modern family life.
This same problem can affect families with:
- older wills
- family trusts
- property assets
- business interests
- inheritance tax planning
- blended family arrangements
- children born through surrogacy or IVF
A will written 10, 15 or 20 years ago may no longer reflect the family as it exists today.
This is where modern family estate planning helps reduce uncertainty before disputes arise.
Surrogacy and Legal Parentage in the UK
Surrogacy can raise complex legal questions in the UK, especially around legal parentage.
Under UK law, the person who gives birth is treated as the legal mother at birth, even where the child is genetically related to the intended parents. Intended parents usually need to apply for a parental order to become the child’s legal parents.
This can affect:
- inheritance rights
- parental responsibility
- guardianship
- nationality
- trust entitlement
- family succession planning
International surrogacy can create additional complications, depending on the country involved and the legal steps taken after the child is born.
For families considering surrogacy, legal advice should not only focus on the surrogacy arrangement itself. It should also cover wills, guardianship, trusts and modern family estate planning.
Why Outdated Wills and Trusts Create Risk
Inheritance disputes often arise when documents are unclear, outdated or open to interpretation.
Common causes include:
Unclear Wording
If a will or trust does not clearly define who should benefit, disputes can arise.
Blended Families
Second marriages, stepchildren and children from previous relationships can create competing expectations.
Surrogacy and Assisted Reproduction
Children born through surrogacy, IVF or donor conception may need specific wording in wills and trusts.
Old Documents
A will prepared many years ago may no longer reflect current family circumstances.
Legal Parentage Issues
Where parentage is unclear or not fully documented, inheritance rights may become more complicated.
Disagreements Between Beneficiaries
Even where intentions seem clear, family members may interpret documents differently.
Careful modern family estate planning can help prevent these issues from becoming costly disputes later.
When Should You Review Your Will?
Most people should review their will every 3 to 5 years, or after any major life change.
You should consider reviewing your will if you have:
- married
- divorced
- separated
- entered a new relationship
- had children
- had grandchildren
- used surrogacy or IVF
- adopted a child
- become part of a blended family
- bought property
- started a business
- received an inheritance
- created a trust
A regular review can help ensure your wishes are still clear, legally effective and suitable for your family.
This is especially important where children, property, trusts or international family arrangements are involved.
How Modern Family Estate Planning Protects Your Loved Ones
A properly drafted will or trust can reduce uncertainty and help prevent conflict.
It can clearly set out:
- who should inherit
- who should be excluded
- how children are defined
- what should happen if circumstances change
- who should act as guardian
- how trusts should operate
- how unmarried partners should be treated
For families involving surrogacy, IVF, adoption or stepchildren, these details are particularly important.
Good modern family estate planning gives your family clarity at a time when they may need it most.
FAQ: Modern Family Estate Planning
What is modern family estate planning?
Modern family estate planning means preparing wills, trusts and inheritance arrangements that reflect modern family structures, including surrogacy, IVF, adoption, blended families and unmarried partnerships.
Can children born through surrogacy inherit in the UK?
Yes, but inheritance rights may depend on legal parentage and the wording used in wills or trusts. Clear legal drafting is important.
Should I update my will after surrogacy?
Yes. If you have a child through surrogacy, your will should be reviewed to ensure your child is properly included and protected.
How often should I review my will?
A will should usually be reviewed every 3 to 5 years, or sooner if there has been a major family, financial or legal change.
Can an outdated will cause an inheritance dispute?
Yes. Outdated wills can create uncertainty, especially where family structures have changed since the will was written.
How Arlingsworth Solicitors Can Help
At Arlingsworth Solicitors, we understand that modern families do not always fit neatly into traditional legal wording.
Our team can assist with:
- wills and trusts
- inheritance disputes
- probate matters
- estate planning
- family arrangements
- legal issues involving surrogacy and assisted reproduction
Whether your circumstances are straightforward or complex, early advice can help protect your loved ones and reduce the risk of future disputes.
Modern family estate planning can provide clarity, reassurance and protection for the future.
Call Arlingsworth Solicitors on 01273 696 962 or email info@arlingsworth.com to speak with our team today.
