Do Stepchildren Have Inheritance Rights? (UK)

When someone dies without a Will, there are often questions about who has the right to inherit from their estate. The intestacy rules that apply in these cases are strict, but not straightforward to explain. If the deceased was married or in a civil partnership, but without children the spouse will inherit the estate. Alternatively, if they had children but no spouse, the deceased person's estate will be shared equally among the children. If the person has both a spouse or civil partner and children, the children may receive a portion of the inheritance, but the majority will go directly to the surviving partner or spouse.

If the children are stepchildren, the circumstances are different again. Children can only inherit from a step-parent’s estate if they are named in that person's Will, or if they have been formally adopted by the deceased. As such, stepchildren and those who were considered children by the deceased but who were not legally adopted children have no right to automatically inherit anything. This applies even if the person who died made promises or left informal instructions for how their estate should be distributed - a Will is the only legally binding way to ensure these instructions are carried out.

Of course, if one of the child's biological parents was married to the deceased and inherits the estate under intestacy rules, they may share it with the stepchildren, but many situations are more complicated than this. Unless the deceased person's Will lists their stepchildren as beneficiaries and leaves them a gift, they will have no legal right to inherit anything.

However, this does not mean that there are no legal avenues for stepchildren to claim from a step-parent’s estate, particularly if they were financially dependent on the step-parent before they died. There may be scope to claim for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 (sometimes shortened to the Inheritance Act), which may help to make sure that the stepchild's financial needs are taken care of.

Here, the experts at JMW explain when children can inherit from a step-parent’s estate and when they cannot. We also outline what stepchildren can do if they have been left out of a Will by accident, or if the person died without a Will but intended to leave them a gift.

The Intestacy Rules

Under the intestacy rules that must be used when a person dies without a valid Will, stepchildren have no automatic right to inherit. There is no flexibility to the intestacy rules and they cannot take into account any wishes that the person expressed or intentions they described before they died. Only certain categories of blood relatives can inherit under these rules, according to a statutory list of beneficiaries as outlined in the Administration of Estates Act 1925. While the list includes biological and legally adopted children it does not include foster children or step-relations, even those for whom the deceased had parental responsibility.

If the deceased had no surviving spouse, civil partner or biological children, their entire estate will pass to other close family relatives, in a predetermined order of priority. Unfortunately, if the deceased did not have blood-related family members in any of the categories set out in the intestacy rules, their estate will pass automatically to the Crown - even if they were a step-parent with stepchildren who could have inherited.

The only way for a stepchild to automatically inherit a step-parent’s estate under intestacy is if the deceased legally adopted them or if the estate passes to their surviving spouse, who then leaves their estate to the stepchild in their own Will later. If you intend to leave a gift to a stepchild, the only way to guarantee that they inherit is to make a valid Will that explicitly names them as a beneficiary. It is never advisable to leave the distribution of your estate to the intestacy process. By making a Will, you can account for the legal complications of blended families and make sure that your relationships with your stepchildren and other loved ones are reflected.

Inheritance Act Claims

Even though stepchildren are excluded under intestacy they may be able to make a claim for reasonable financial provision under the Inheritance Act. Bringing a claim is only possible for those who can show that they were being financially maintained by the deceased or were treated as a “child of the family” in relation to a marriage or civil partnership by the person who has died.

While this definition can cover stepchildren, it is necessary to prove that you had a significant emotional and/or financial dependency on the deceased or were integrated into the household as a child of the deceased and their spouse/civil partner to make a claim successfully.

The court will assess your claim and decide what you are entitled to in terms of financial provision. As such, you will not necessarily receive what you might have expected in terms of an inheritance after the death of a step-parent. The court will consider various factors when assessing your claim, including:

• Your needs and resources;
• The size and nature of the estate;
• The obligations and responsibilities the deceased had towards you; and
• Any other relevant circumstances.

A stepchild who was raised as part of the family for many years or who relied financially on the deceased may be in a strong position to apply for reasonable provision, even though they have no automatic entitlement. However, they will be unable to lay claim to any specific assets or possessions, even those with a sentimental value.

Other Inheritance Rights

If a stepchild believes there are problems with their step-parent's will that caused them to be left out, there may be grounds to challenge it in court. For example, if you believe the person making the Will did not have the testamentary capacity to understand the decisions they were making, this may represent grounds to legally challenge the document. However, unless a prior Will exists in which you are listed as a beneficiary you may find yourself in the same position and without an inheritance.