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A Guide to Wills and StepChildren

Last updated: 2021/08/17 at 6:47 PM
4 Min Read

When you are remarried and your spouse has children from previous marriage become your stepchildren. It is obvious to consider the provision for your stepchildren in a will as per the laws in your state to avoid any hassles later on. 

If you are unsure about the provisions for stepchildren in will, this article is for you!

How will a will get complicated with step-children?

The inheritance laws in Wales and England do not recognize stepchildren. In case you want to include your step-children in your will but have not expressed your wish in the will, then your stepchildren will not inherit from your property.

As per law in the UK, only your biological children are entitled to your estate by default. Factors like your marital status and the estate worth also impact whether adopted children or biological children will inherit your property. 

When you are in a relationship, you are expected to extend financial security to your partner in the event of some mishap. The people you name as beneficiaries are entitled to receive your estate. They may further transfer to anyone they wish to do so. 

If your partner is having children from their previous marriage, they are entitled to inherit the estate from your partner in the event of their partner’s death. 

In the event when you and your partner ensure that your and their children from the previous relationship received their rightful estate, the future course of events could differ. 

In case, the family dispute arises in the event of your death or your partner’s death and either of you enters into a new civil agreement by remarrying, the inheritance status changed with the addition of new step-children (the children from your new partner).

In the absence of a will, the civil partner has a larger right compared to your biological children. As your civil partner may claim the entire estate, your step-children will be in line to inherit such estate in the event of the death of your partner. 

Technically, without a will, your step-children may inherit your entire estate and your biological children may receive nothing. 

Why is a will important when you have step-children?

It is important to consider will when you have step-children to protect the interest of everyone. The ‘testamentary freedom’ in the US gives you the freedom to choose the people who can inherit your estate in the event of your death. So, it might be your spouse, your biological children, your stepchildren, or any other person. 

Only a will specialist writer can help you in drafting the right will after understanding your family circumstances. They further assist you on how your estate can be distributed in a fair way after assessing your intent. 

If you want your step-children to inherit from your property, it is important to make the necessary provisions by mentioning their share explicitly in your will. In case you do not want your stepchildren to inherit, you have to choose the beneficiaries specifically.

Denisa August 10, 2021

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