Published on: 4th February 2019

Children and step children

Do step children inherit on intestacy, where there's no Will? Where a Will leaves assets to children, would that gift include step children?

Often these questions are asked by grandparents, happy to see their wealth pass down the "blood" line, but not to the children of, say, their son's second wife. Reference in a Will to "children" will mean biological and legally adopted children only; and intestacy law similarly benefits such children only. It's not usual to name one's children in the Will; to do so would exclude any child born after the Will was made unless, indeed, you wanted only to benefit your named children, rather than all of them. Reference to "grandchildren" doesn't include step grandchildren yet some grandparents remain sufficiently concerned to insist on grandchildren being specifically named in the Will.The number of second marriages, particularly of persons aged 60+, means that the number of people acquiring step children is on the rise. Children of the first marriage often express the fear that dad will leave everything to his new wife and she'll leave everything (including their "inheritance") in due course, to her own children only.

As practitioners preparing Wills, we address daily the dilemma facing people on a second marriage as to how to provide for a new spouse without completely defeating the expectations of the children from their first marriage. We have options to assist in these cases such as Life Interest In Property trusts that safeguard assets for children of the first marriage between when the first of a couple of the second marriage dies and when the second of a couple of the second marriage dies. Please see our video here. Being a step parent can be emotionally challenging. Many, however, becoming a loving and equal parent to the existing child of a new partner even if they don't formally adopt the child. Where that child is to benefit under a Will, he or she will need to be named specifically, as they won't be included in the description "my children". Where step children are young, they may well be dependent on their step parent, and failing to provide for them in a Will, or more usually, by reason of dying intestate, might lead to a claim for "reasonable financial provision" under the Inheritance (Provision for Family and Dependents) Act 1975. Any child treated by the deceased as a "child of the family" (whether or not the deceased was married to the child's parent) has the right to bring a claim. Intestacy is the principal enemy of the step child, especially as the person acting in the role of parent to a minor child that's not their own is likely to be young themselves - with the risk of their untimely death and the need to make a Will far from the forefront of their mind. If you have step children or step grandchildren and you wish them to inherit, a professional Estate Plan is the best way to ensure your peace of mind; and Life Interest In Property trusts can help ensure your surviving spouse continues to live in the family home for the rest of their life.

If you would like to meet with one of our Consultants to discuss any of the issues raised in this article or any other Estate Planning topic please telephone 01732 868190 or click here. Don't delay ~ Act today!

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