Stepchildren and Second Families: Do You Have Inheritance Rights?

Modern families are anything but simple and don’t always follow traditional patterns.

But when a parent or stepparent dies, the law can be brutally old-fashioned. Stepchildren have no automatic right to inherit. Added to this is the fact that second families are often overlooked.

In the absence of benefiting under the Will of the deceased, stepchildren could be left with nothing.

But all is not lost. If you’ve been left out or treated unfairly, the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA) may give you a right to claim. Here’s what you need to know.

Do Stepchildren Have Automatic Inheritance Rights?

No. Stepchildren do not inherit automatically unless:

• They were legally adopted by the deceased, or

• They were named as a beneficiary in the Will

If neither of these applies, you may have no entitlement under the Will or intestacy laws. However, you may still be able to make a claim under the IPFDA.

How Can Stepchildren or Second Family Members Claim?

The Inheritance (Provision for Family and Dependants) Act 1975 allows claims from people who:

• Were treated as a child of the family by the person who died, or

• Were financially dependent on them before death.

This means stepchildren who had a close parental relationship with the deceased - or who relied on them for money, housing, or support - may have the right to apply for reasonable financial provision from the estate.

The same applies to children from second relationships, particularly where:

• The Will benefits a new spouse but excludes children from a previous marriage

• The deceased supported children from a second family, but didn’t include them in their Will

What Does ‘Reasonable Financial Provision’ Mean?

This is a legal test. It doesn’t mean you’re entitled to a share just because you’re disappointed. You must show that:

• The Will (or intestacy rules) didn’t make proper financial provision for you, and

• It would be reasonable in all the circumstances for you to receive something from the estate

The Court will consider:

• Your financial needs

• Your relationship with the deceased

• Any support you received before they died

• The size of the estate

• The needs of other beneficiaries

Real Case Examples

A stepdaughter who was raised by her stepfather from the age of five was left nothing in his Will. She successfully claimed under the IPFDA based on her financial need and lifelong relationship with him.

An adult stepchild (treated as a child of the family) was left out of the Will of her stepfather. The estate passed entirely to the deceased’s children from a previous marriage. The Court found the stepdaughter had been treated as a child of the family and had unmet financial needs. She was awarded a lump sum from the estate under the IPFDA. This demonstrated that a stepchild who was raised as part of the family unit may succeed - even against competing claims from biological children.

A man left everything to his second wife, cutting out the children from his first marriage. One of his adult daughters, facing serious health issues and unable to work, brought a successful claim.

These are the real-world cases the IPFDA was designed to address.

Don’t Rely on Intestacy or Assumptions

If there’s no Will, the law only benefits legal spouses, civil partners and biological or adopted children. Stepchildren and second families are often completely excluded.

Even if there is a Will, it may not reflect the deceased’s intentions or their obligations. If that leads to unfairness, you may be able to challenge it.

Act Quickly - You Have Limited Time

You normally have six months from the date probate is granted to bring a claim under the IPFDA. Don’t delay.

How can Forbes help you?

At Forbes Solicitors, we help people in second families and blended households who have been left out of Wills or left with less than they need. We provide clear, honest advice and can often act on a no win, no fee basis.

If you're a stepchild or part of a second family, and feel you've been unfairly treated in a Will, contact us today for a free, no-obligation consultation. For a confidential consultation, call 0800 689 3607 to speak with a member of our team.