Wills and Stepchildren

Stepchildren occupy an unusual position in inheritance law. In blended families, many step-parents think of their stepchildren as their own, but the law doesn't see it that way unless you take specific action.

The legal position

Unless you've formally adopted your stepchildren:

• They have no automatic right to inherit from you
• They're not included in the intestacy rules
• If you die without a will, they receive nothing from your estate
• This is true even if you've raised them from a young age

If you want stepchildren to inherit

You must make a will that specifically includes them. You can:

• Leave them specific gifts of money or possessions
• Include them as beneficiaries alongside your biological children
• Leave them a share of your residuary estate
• Treat them exactly the same as biological children if you wish
• Set up a trust to manage their inheritance until they reach a certain age

Considerations

Think about:

• Fairness vs equality: Equal shares may not always be fair - consider circumstances
• Age of stepchildren: Adult stepchildren may need less than young ones
• Other inheritances: Will they inherit from their biological parents?
• Your relationship: Are you close? Have you contributed to their upbringing?
• Your partner's wishes: Discuss together and try to coordinate your wills - perhaps with mirror wills

Adoption

If you adopt your stepchildren, they become your legal children. They would then:

• Inherit under intestacy rules if you die without a will
• Have the same legal status as biological children
• Lose their automatic inheritance rights from their biological parent (unless that parent's will specifically includes them)

Inheritance (Provision for Family and Dependants) Act

Stepchildren who were financially dependent on you may be able to make a claim against your estate under this Act if you don't provide for them. However, relying on this is uncertain and expensive - it's far better to make your wishes clear in a will. You should also consider naming legal guardians for any minor children.