Can step-children contest a Will?

Disputes over a Will are becoming more frequent, especially when step-children feel they’ve been unfairly left out or treated unequally.

But what rights do you actually have? And can you legally contest a Will?

In her latest article, Contentious Probate expert, Anna Curtis answers these questions and more…

What rights do step-children have in inheritance?

As a step-child you do not share the same inheritance rights as a biological or legally adopted child. You are only entitled to inherit under a Will if you are named as a beneficiary.

Therefore, if a Will refers to “my children” a step-child would not be included unless the Will specifically states them to be included.

Do step-children count as an issue in a Will?

In a Will only biological and legally adopted children are classed as issue so if a will refers to children, only biological and legally adopted children would inherit. 

Therefore, as a step-child you do not automatically inherit the same as a biological or adopted child of the deceased, unless you are mentioned in the will, either by name or a description which includes you.

Therefore, it is important that any step-children intended to be beneficiaries in a Will should be referred to by name.

Can step-children contest a Will?

 A step-child can potentially contest a Will under the Inheritance (Provision for Family and Dependents) Act 1975, if they were treated as a child of the family.

This allows specific people to claim for financial provision from a deceased step-parent’s estate even if they have been left out of the Will.

What proof is needed to show a step-child is treated as a child?

Whether someone is a treated as a child of the family will be based on the facts of the situation and will depend on the individual circumstances. For example:

• Living together as a family
  • The child has their own room or belongings at the step-parents’ home
  • Daily routines are shared
• Financial Support
  • Paying for school fees, clothing, holidays
  • Including the step-children in financial arrangement like insurance policies

If there is no family relationship or dependency between you and the deceased, then contesting a Will becomes much more difficult.

You can find out more about how to contest a Will in my colleague Michelle Hayter’s article here.

Can step-children make a claim on an estate?

In the same way that you can only contest a Will under certain circumstances, you can only make a claim against an estate if you were treated as a child of the family or were financially dependent on the deceased.

Can step-children apply for probate?

As a step-child you can apply for a Grant of Probate if you are named as an executor in the Will. You cannot apply for probate if there is no Will, unless you have been legally adopted by the deceased. If there is no Will, only a spouse, child or parent can apply to administer the estate.

If you’re unsure whether you’re eligible to apply for probate, feel free to get in touch with a member of our team on 01202 499255.

Is there a time limit on bringing an Inheritance Act claim as a step-child?

As a step-child, if you wish to bring an Inheritance Act claim it must be made within six months from the date of the Grant of Probate. Courts will sometimes allow late claims, but only in exceptional circumstances.

This time limit is the same for step-children, biological children and legally adopted children.

Are step grandchildren considered grandchildren in a will UK?

Under UK law, step grandchildren are not automatically considered grandchildren in a will. The term grandchildren means biological or legally adopted grandchildren. Therefore, any step grandchildren intended to be beneficiaries should be specifically named in a will.

Specialist Contentious Probate Solicitors

Specialist Contentious Probate Solicitors

Our bright Contentious Probate Team can assist you with understanding your rights and whether you are able to make a claim.

The team is one of the largest and best supported in the area, with experience in handling all the complexities of disputed Wills.

If you have any questions or would like to discuss your options, please give us a call on 01202 499255 or by filling out the form, for a free initial chat.