Do stepchildren have inheritance rights?

A common query relating to succession law within England and Wales is whether stepchildren are entitled to inherit from a stepparent.

The key takeaway is no: stepchildren are not entitled to automatic inheritance rights under UK intestacy rules unless they were formally adopted by a stepparent.

In this article, we will look at how stepchildren can inherit part or all of their stepparent’s estate. There are three main routes.

How stepchildren can inherit

Stepchildren can only receive a share of an estate through specific legal steps:

A valid will

A stepchild will have inheritance rights if a stepparent explicitly names them as a beneficiary in their will. You should note that when a will refers to “children”, this does not automatically include stepchildren.

The wording of a will must specifically state that assets are being left to a “stepson” or “stepdaughter”; otherwise, it will not be considered sufficient to give them inheritance rights.

Legal adoption

If the stepchild is formally adopted by a stepparent or testator—that is, the person who makes and signs a last will and testament—during the stepparent’s or testator’s lifetime, this gives the stepchild inheritance rights. This is because adoption formally grants the stepchild the same legal status as a biological child.

In cases where there has been no legal adoption, UK law does not consider the stepchild to be a child or descendant when interpreting a will.

Inheritance Act claim

Stepchildren can apply for financial provision as part of the Inheritance (Provision for Family and Dependants) Act 1975 if they were treated or financially maintained as if a “child of the family”.

Even if there has been no formal adoption, there are cases where the courts have been satisfied that a stepchild lived with the stepparent for a long period and received the same support that any child might expect.

However, it is important to understand that these provisions under the Inheritance Act are not a matter of course. They are subject to the courts taking into account a number of factors, including the size of the estate and the deceased’s responsibilities towards the stepchild.