Writing a Will Involving Stepchildren: Understanding the Process

As the prevalence of second marriages rises, the presence of stepchildren within families is becoming increasingly common. The process of drafting a Will in these blended family situations can present challenges that must be thoroughly understood and addressed prior to finalising a Will.

When creating a Will, references to “my child or children” do not encompass stepchildren. This terminology is limited to biological or legally adopted children of the individual drafting the Will. Therefore, if an individual wishes to include stepchildren in their Will, it is essential to explicitly name them.

Intestacy Rules

In the event that an individual passes away without a Will, the distribution of their estate is governed by the rules of intestacy as outlined in the Administration of Estates Act 1925. This legislation refers to the “issue” of the deceased, which is defined as direct descendants, including biological, legally adopted, and illegitimate children. Notably, stepchildren are excluded from this definition. Consequently, if an individual desires their stepchildren to inherit from their estate, it is crucial to draft a Will; otherwise, their step children will not receive any inheritance.

Mirror Wills

Couples who are married often create what are known as “mirror Wills.” These Wills typically reflect similar provisions, designating the surviving spouse as the primary beneficiary, with the estate subsequently passing to the children upon the second death. In cases where stepchildren are involved, estates may also include assets from prior marriages or relationships. It is reasonable to consider including children from previous relationships in a Will, even if the second individual to pass away is their stepparent.

However, it is important to note that the existence of mirror Wills does not ensure that the estate will be distributed according to those Wills. The surviving spouse retains the right to modify and amend their Will, even after the death of their partner.

In such cases, it's recommended to consider using Trusts for passing down the assets.

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