Stepchildren and Wills: How to Protect Your Blended Family

Blended families are more common than they have ever been. This is due to many people remarrying and finding themselves in a stepparent role, one that is just as important for them as a biological parent role. If you are a stepparent, you may want to include your stepchildren in your will. However, it is important to be aware of the legal position: stepchildren do not automatically have a legal right to inherit from your estate.

As families change and grow, so too can the considerations around inheritance. Stepparents may wish to ensure that the children who are part of their family are recognised in their estate planning.

If you want to make sure your stepchildren are provided for after your death, you will need to make clear provisions for them in your will. Setting out your wishes clearly can help ensure that your estate is distributed in accordance with your intentions.

The rules of intestacy and stepchildren

If someone dies without making a will, their estate is generally distributed according to the rules of intestacy. These rules determine who can inherit based on their legal relationship to the deceased and generally do not include stepchildren unless they have been legally adopted.

No matter how long your stepchildren have been part of your life, they will not automatically inherit from your estate under the rules of intestacy simply because of your relationship with them. If you want to provide for your stepchildren after your death, it is important to make clear provisions for them in your will.

Stepchildren in wills - the dangers of mirror wills

Married couples will often think that mirror wills are the best way to approach their estates. This means that they have the will to leave everything to one another, which then gets passed down to their children. However, when the family is blended and there are stepchildren to think about, things can be much more complicated.

Mirror wills can work well for some couples, but blended families can make inheritance planning more complex. Careful consideration is needed to ensure the wishes of both partners and the interests of all children are properly addressed.

Even with a mirror will, unless you specifically arrange it, children who are a part of a previous marriage or relationship have a high chance of being left out. Especially, if the one who is still alive decides to later change the will they made with the partner who passed away. This is why we advise you to focus on your own will, rather than thinking about a mirror will and assuming that will offer enough protection.

Stepchildren in wills - why a trust might be best

One of the best ways to ensure that both biological and stepchildren are included in a way that is fair, is to use a trust. A trust is there to make sure that:

• You have long-term guaranteed control over who inherits what form your estate.

• You can protect children that you have from a previous relationship that is now part of your blended family.

• You can ensure that no one is excluded after one partner dies.

Families in our modern world come in all shapes and sizes; this means that you may not be able to take the most normal routes to protect those that you care about the most. Rather than muddling through and hoping that things work out for the best, why not get in touch with us?

We are experts in will and ensure that your wishes are carried out; and we can help to protect those that you care about the most, whether they are directly related to you or not.