Last Updated on 17th February 2025
What are the inheritance rights of stepchildren?
We are regularly contacted by stepchildren who want to know what their inheritance rights are, especially when a stepchild has been disinherited by their step-parent. As specialist inheritance solicitors we are experienced in dealing with disputes between stepchildren and step-parents. We deal with cases nationwide, so if you require guidance about the inheritance rights of stepchildren then call our free helpline on 0333 888 0407 or email us at [email protected]
Inheritance problems faced by stepchildren
Here’s a common scenario that we encounter on a daily basis: Our client’s parents divorce, and remarry. Mum, or dad, names their new spouse as the beneficiary of their estate, trusting them to “do the right thing” and pass it on to our client when they die. However the new spouse has a change of heart, and leaves the entire estate to their own children. What can our client do? What inheritance rights do stepchildren have in this situation?
With second and even third marriages being so prevalent these days, the number of stepchildren being unfairly disinherited is rising. They are often aggrieved that their biological parents’ wishes have been ignored, and the inheritance intended for them is unfairly passing to someone outside the family who their parents would not have wanted to benefit.
What inheritance rights do stepchildren have?
The legal system can help correct an injustice involving stepchildren in the following ways:
1. Contesting the validity of the Will
A stepchild may be able to challenge the validity of their step-parent’s Will if there is evidence of undue influence, lack of testamentary capacity, or that the step parent did not ‘know and approve’ the contents of the Will. However, for a stepchild to make such a claim they must be a “disappointed beneficiary.” Because stepchildren do not benefit under the intestacy rules they would need to be a beneficiary under a previous will.
2. Making an Inheritance Act claim
A stepchild could bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, as a ‘child of the family’ who has not received reasonable financial provision from their step-parent’s estate.
Making an Inheritance Act claim
A successful claim under the Inheritance Act requires the stepchild to satisfy the court that what they have received from the estate is unreasonable. The court will make a decision based on a number of factors, including the stepchild’s financial needs and resources (as compared to the financial needs and resources of the beneficiaries), or any disability.
The court will also consider any promises that have been made by a step-parent. This might include promises that persuaded the stepchild not seek to challenge their parent’s estate on their earlier death. The level of an award will not necessarily correlate with the nature of any promise made, as it is limited to what is required for ‘maintenance’. However, if you can show that the amount promised was necessary for your maintenance then you may find that the two sums are roughly the same.
Even stepchildren who have been adults throughout the duration of the relationship between their biological parent and the step-parent can still claim under the Inheritance Act. To be eligible they must establish that the step-parent (as the spouse of their parent) assumed the responsibilities and privileges of a parent. Clearly it would therefore be a stronger claim if the step parent helped them financially or assumed more responsibility as parent.
Successful inheritance claims made by stepchildren
Our experienced team dealt with a claim for a client who received nothing when his stepfather died, despite the fact that the estate contained assets that had been been owned by our client’s biological mother before she passed away. The claim was disputed by our client’s stepbrother, so we took it to trial where the judge agreed with us that our client was entitled to receive his inheritance from the estate.
In another case an inheritance claim was successfully made when promises that our client would be provided for were not honoured by their step-parent.
Free consultation
If you would like to know if you could make a claim against your step-parent’s estate, or need guidance on the inheritance rights of stepchildren, then call our specialist inheritance dispute lawyers for a free consultation on 0333 888 0407 or email us at [email protected]