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If you are part of a blended family, then you may not have realised that your stepchildren are at risk of missing out on inheritance.
As fewer people get married, family structures where an unmarried couple raise children from either or both partner’s previous relationships are becoming more common.
Yet the rules around Wills and inheritance have not changed to adapt to the current structure of society, leading to many stepfamilies facing problems when a loved one passes.
Despite their commonality in society, stepfamilies are largely invisible to the rules of intestacy.
When someone dies without a Will, their estate is subject to the laws of intestacy.
This is where a person’s estate is divided in accordance with the law and not the wishes of the deceased.
While marriage does afford certain allowances, unmarried stepfamilies are not considered eligible heirs when a person is intestate.
A person who is legally married or in a civil partnership is given the greatest priority in intestate rulings, as they inherit:
Any biological children of the person who has died are then eligible for inheritance once the partner has claimed their share.
However, if you do not marry your partner, then the rules of intestacy will not apply to them.
Significantly, your stepchildren, whom you may have raised for many years, will receive nothing, with only your biological children eligible for inheritance.
The same is true of your step-grandchildren, who may have been born long after you commenced your current relationship but would be excluded from your estate if your Will does not account for them.
This is why regularly updating your Will is vital, as your step-grandchildren may miss out if they are not named as beneficiaries.
Stepfamilies are at greater risk of Will disputes due to the presence of a previously failed relationship.
While not all stepfamilies have a history of familial drama, it is a distinct commonality and can often manifest when the time comes to settle a Will.
The other parent of a biological child might contest considerations that are made for your stepchildren, especially if the breakdown of that earlier relationship was not amicable.
Disputes are a common part of Will resolution regardless of the makeup of a family, so it is worth being prepared for them ahead of time.
The Inheritance (Provision for Family and Dependants) Act 1975 is frequently invoked by those who feel that they have been wronged by the division of assets.
To mitigate the impact of these Will disputes, it is possible to add in terrorem clauses, or anti-contest clauses, into your Will.
While these are not always legally enforceable, they can be a good way to guide executors and beneficiaries of your Will towards amicable solutions for any disputes.
You should also be clear when writing your Will so as not to leave any room for uncertainty or debate.
Do not wait until you are dead for your family to discover your wishes for your estate.
Instead, be a part of the conversation and have an open dialogue with your loved ones about what they can expect and how you would like them to conduct themselves.
If you anticipate any conflict, discuss this matter ahead of time so that you can offer some advice on how you would want the situation to play out.
Seeking a professional Will writer is also strongly advised, no matter how alluring a DIY Will might seem.
A professional can help you craft a Will tailored to your unique situation so that your stepfamily does not lose out after you have passed.
Our team specialise in even the most complex of Wills, so you can be sure that the needs of you and your family will be addressed.
Make sure that you are providing for your family no matter what. Speak to our team today for professional will-writing services that you can trust.
Head of Wills, Probate and Older Client Services
I joined Mander Hadley’s Wills, Probate and Older Client Services Team in 2018.I specialise in the preparation of Wills, Probate and estate administration, trusts and trust administration and Lasting Powers of Attorney. I also have experience of care fee planning and appeals of Continuing Health Care decisions.
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