Estate planning can be tricky at the best of times, but for blended families, determining who will inherit a parent's estate can be complex, as it often involves balancing the interests of biological children, stepchildren, and the surviving spouse.
In the UK, the inheritance rights of stepchildren are not automatically guaranteed, and proactive steps have to be taken to include them in estate planning, as Lorna Payne, Partner in our Private Client team, and Hayley Caprani-Warner, Solicitor in our Contentious Probate team, explain.
Definition of “children”
For succession purposes, the definition of “children” in the UK typically includes biological and adopted children, but does not extend to stepchildren. For stepchildren to inherit, they must be individually named, or the definition of a child or children in a will needs to be specifically altered to allow them to inherit.
Unlike biological or legally adopted children, stepchildren are not recognised as beneficiaries if an individual dies without making a will (known as “intestate”).
No will or excluded from the will
Without a will, the estate of the deceased is distributed according to the laws of intestacy, which usually prioritise the surviving spouse and any biological children.
If this is the case, or if a stepchild is excluded from the will, they can bring a claim against the estate under the Inheritance (Provision for Family and Dependents) Act 1975. To successfully make a claim, a stepchild would have to demonstrate to a court that:
- Firstly, they require financial support from the estate for their maintenance. This would involve proving that their current financial situation warrants assistance, perhaps due to limited income or ongoing essential expenses.
- Secondly, that they were treated as a child of the deceased; or
- Lastly, they were financially dependent on the deceased until the deceased’s death.
Marriage revokes a will
Unless a will is made in expectation of it, marriage revokes a will. Therefore, a well-intentioned individual can accidentally exclude any stepchildren simply by getting married, as illustrated by this example:
David and Paula are living together along with David’s stepson Peter from David’s previous marriage. David thinks of Peter as his son and does not have any “biological children”. David made a will five years ago providing for both Paula and Peter. David and Paula get married and tragically David dies two weeks later. As David’s will was not made in contemplation of marriage, David’s will is revoked by the marriage and his estate is to be distributed according to the intestacy laws. Under the intestacy laws, Paula inherits David’s entire estate and Peter is not entitled to anything.
However, it is likely that Peter would have grounds for a claim against Peter’s estate for a lack of reasonable financial provision. It is highly unlikely that David would have wanted to put his son and wife through the distress of a legal claim that could have been avoided.
Seeking advice
It is advisable for parents of blended families to seek legal advice when making a will, to ensure any legal documentation clearly reflects their wishes and that all children in their care are provided for as desired and intended. Taking these steps can prevent potential disputes and ensure a smooth distribution of the estate.
Warning
The contents of this document are correct at the time of writing but the Law Commission has published recommendations to reform the law of wills and so the position may change. This makes it even more important to take advice from a suitably qualified individual.
Get in touch
Sydney Mitchell’s Private Client team has a wealth of experience in wills and estate. It also has specialists in Contentious Probate who are on hand to assist with any concerns regarding claims under the Inheritance Act, including providing advice to disappointed beneficiaries seeking advice. Get in touch via our online enquiry form, or call: 0808 1668860.
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