Stepchildren and stepparents are not only a common feature in family relationships in England and Wales but are also a relationship which is extremely important to many.
Accordingly, some stepchildren will, understandably, be concerned as to what rights, if any, they have to a stepparent’s estate. This article therefore outlines the inheritance rights of a stepchild, including when a stepchild can bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975, and the six-month deadline for doing so.
What rights does a stepchild have to a stepparent’s estate?
It is important to bear in mind that in England and Wales, a testator can leave their estate to whoever they wish and there is no obligation to benefit your biological children, or stepchildren, under your will.
Therefore, a stepchild does not have an immediate right to their stepparent’s estate simply by virtue of their relationship.
Further, even if the stepparent’s Will leaves their estate to their ‘children’, a reference to a ‘child’ or ‘children’ in a Will is a reference to biological or legally adopted children only. The term ‘child’ does not include stepchildren unless:
- They are specifically referred to in the Will; or
- The stepchild can establish that the testator intended to include them.
If a stepparent dies without a Will, the Intestacy Rules apply and the stepparent’s estate will be distributed in accordance with those rules. Under the Intestacy Rules, reference to a ‘child’ similarly does not include stepchildren.
What if a stepchild is left out of the Will, or if there is no Will?
If a stepchild is left out of the Will or there is no Will, as above, they have no immediate rights of inheritance. However, there are certain claims that may be available to a stepchild to bring against their stepparent’s estate.
One of the most common types of claim that stepchildren may make is a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (often referred to as a ‘1975 Act Claim’). This claim can be brought by any eligible person who believes that a Will, or the Intestacy Rules, fails to make reasonable financial provision for them.
One of the groups of eligible claimants under the 1975 Act are children of the deceased. However, stepchildren are not considered children of the deceased for the purposes of the 1975 Act. To be eligible to bring a claim, a stepchild must therefore show that they were ‘treated as a child of the deceased’ or that they were being maintained wholly or in part by the deceased at the time of death. Adult stepchildren may bring a claim under the 1975 Act as well as minor stepchildren, so long as they can show that they meet these requirements.
If the stepchild has been financially dependent on the deceased and has evidence that the deceased took parental responsibility for them, this strengthens the prospects of a claim.
The Court will however consider many different factors when considering a claim under the 1975 Act, including the financial needs and resources of the party bringing the claim, and the needs and resources of any beneficiaries of the estate.
When can a stepchild bring a claim against a stepparent’s estate?
If a stepchild wishes to pursue a 1975 Act claim, there is a strict 6-month deadline from the date the grant of probate is issued in order to do so. If this deadline is not met, the permission of the Court will be required to bring a claim.
In the recent case of O’Herlihy v Taylor, Made in Chelsea star Lonan O’Herlihy attempted to bring a 1975 Act claim more than four years out of time, claiming a £5 million share of the £38.5 million estate of his stepfather, Hugh Taylor. Mr O’Herlihy claimed that Mr Taylor had acted as a father figure to him and claimed financial provision from his estate, providing a list of demands including a £3 million South Kensington flat, a valuable painting, a Mercedes 208SL Pagoda, a Patek Philippe watch and £800,000 to fund the purchase of an investment property.
In a preliminary hearing to determine whether Mr O’Herlihy should be granted permission to bring his claim out of time, the Court refused permission on the basis that the proposed claim had no real prospect of success. The Court reasoned that Mr Taylor’s support for Mr O’Herlihy had stopped in 2012, 7 years before he died, and that since then Mr O’Herlihy had financially supported himself, and that the standard of living Mr O’Herlihy should therefore expect at and after the death of Mr Taylor was that which he could independently enjoy from his own resources.
For further details on the time-limit which applies to 1975 Act claims, read our article: Inheritance Act Claim Time Limit 1975 – Inheritance for Family and Dependants
How can the risk of a stepchild being left out of inheritance be reduced?
The risk of a stepchild being left out can be reduced by stepparents keeping their estate planning under review, particularly when family dynamics change.
If a stepparent does not intend to benefit their stepchild in their estate planning, it is advisable to have open and honest conversations amongst the family to ensure that everyone is aware of their intentions for the estate, so that there are no unpleasant surprises for stepchildren who may otherwise assume they will receive some inheritance on their death.
By taking these steps, this will help to reduce the risks of a 1975 Act claim being brought by a stepchild post-death and therefore avoid the significant legal costs of a dispute.
Next Steps
Unfortunately, there are many stepchildren who are unexpectedly left out of inheriting their stepparent’s estate, whether by operation of the Intestacy Rules, or because their stepparent’s Will does not account for their relationship.
In such cases, that stepchild may have a claim under the 1975 Act. Due to the strict 6-month time-limit for bringing such a claim, early, specialist advice is essential. Please do not hesitate to contact us should you require advice or would like assistance in bringing a 1975 Act claim.