Do you have to be a biological child to inherit? And what is a ‘Child of the Family’? Inheritance solicitor Jack Dray provides the answers.
Under the law of England and Wales, the Inheritance (Provision for Family and Dependants) Act 1975 (commonly known as the Inheritance Act) allows certain individuals to make a claim against a person’s estate if it fails to provide “reasonable financial provision” for them.
One group of potential claimants is the children of the deceased. But do you have to be a biological child to inherit?
The answer is that the Inheritance Act is not restricted to biological children. In addition to legally adopted children, anyone classed as a ‘Child of the Family” can make a claim under the Act.
What Is the Inheritance Act 1975?
The Inheritance Act was introduced to prevent injustice being caused to family members and dependents when someone dies, leaving them without adequate financial provision. The Act allows specific classes of individuals to make a claim against the estate. such as:
- The deceased’s spouse;
- Any former spouse;
- The deceased’s children (this includes adopted children); and
- Those financially dependant upon the deceased.
The list also includes anyone who can be regarded as a ‘Child of the Family’.
The aim of the Act is to ensure that those who were financially dependent on the deceased are not left in financial hardship.
What is a “Child of the Family”?
Under section 1 (1) (d) of the Inheritance Act, a person who was treated as a ‘Child of the Family’ may bring a claim against the deceased’s estate. A ‘Child of the Family’ refers to an individual who, while not a biological or legally adopted child of the deceased, was effectively treated as such within the family unit. This can include stepchildren, foster children, grandchildren, or even children of a partner with whom the deceased lived as a couple. The key factor is that the deceased treated the child as a member of the family and, often, as a dependent, for a significant period of time.
For example, if a person has stepchildren from a previous marriage or a long-term relationship, and those children were part of the family during the relationship, they may qualify as ‘Children of the Family’. Similarly, if a child was brought up by the deceased as their own, even if there was no formal legal relationship, they might still be able to claim under the Inheritance Act. Another example of a ‘Child of the Family’ is one where the child was raised by their grandparents rather than their biological parents or the parents that adopted them.
Can a ‘Child of the Family’ make a claim?
Yes, a ‘Child of the Family’ can make a claim under the Inheritance Act, subject to meeting certain conditions. Specifically, the court will assess whether the child was treated as part of the family, what financial support they received from the deceased, and what their current financial needs are. The Act allows claims for ‘reasonable financial provision’, which is interpreted depending on the claimant’s relationship with the deceased.
While a biological or adopted child might be entitled to receive financial provision necessary for their maintenance and support, a ‘Child of the Family’ can also make such a claim, but the court will examine the nature of their relationship more closely. The court will consider factors such as:
- The extent of the deceased’s financial support of the child.
- The length of time the child was part of the family.
- The child’s financial needs and resources.
- The size and nature of the deceased’s estate.
- The moral obligations the deceased may have had towards the child.
It is important to note that the court’s decision is discretionary. Each case is assessed on its specific facts, and no outcome is ever guaranteed. It is therefore important that anyone making an inheritance claim as a ‘Child of the Family’ seeks specialist advice from solicitors who are experienced in dealing with these cases.
Our team is here to help and our solicitors are often able to work on a No Win, No Fee basis.