Can step-children dispute a will?
So, can a step child contest a will? Yes. A step child is entitled to contest their step parent’s will (or if there is no will, the intestacy rules) by bringing a claim under the Inheritance Act and we have recently succeeded in just such a claim, winning the step child’s case at trial.
Will advice with stepchildren?
In most jurisdictions, a couple can enter into a contract not to change their respective wills, should they wish to leave their own children more or ensure that each child and stepchild receives an equal amount. Without a will, the state’s laws take precedence and typically stepchildren get nothing.
Do you have to have a will for your step children?
This list of relatives does not include step-children. Therefore, if you have step-children that you would like to benefit from your Estate after your death, then you must put in place a legally valid Will specifically naming the step-child or step-children you wish to include.
Why are so many stepchildren contesting wills?
This has caused an increase in the number of stepchildren contesting Wills. This increase is in direct correlation to rising divorce rates. It’s now quite common for a couple to get married, have kids and then divorce. When both partners go on to remarry and have even more kids, the overall family structure immediately becomes complicated.
Who is the legal parent of your step children?
Step-children are the children of your partner or spouse, if you haven’t adopted them. (If you have adopted them, they are legally your children, with the same legal connections to you as children born to you.) There is no legal tie between you and your step-children.
Are there any inheritance issues with step children?
In modern society, it’s common for complicated family situations to occur. One of the outcomes of this is that the number of step-children in England & Wales is increasing. In terms of inheritance and succession, step-children can create inheritance issues. In this article we look at the types of issues that can arise.