5 Things You Should Know About Stepchildren & Inheritance

Blended families are nothing unusual. Stepchildren are loved, raised and supported as our own.

But legally? The position is very different.

Under inheritance law in England and Wales, stepchildren do not automatically inherit from you unless you put proper estate planning in place.

If you're making a Will in Cornwall, or reviewing an existing one, this is something you need to understand clearly.

Let’s break it down.

1. Stepchildren Do Not Automatically Inherit Under Your Will

Many people assume that wording like:

“I leave everything to my children”

includes stepchildren.

It usually doesn’t.

Unless a stepchild has been legally adopted, they are not treated as your child under inheritance law.

If you want a stepchild to inherit, your Will must:

• Specifically name them, or

• Clearly define them within the wording

Poor drafting can lead to disputes, confusion and expensive legal challenges.

When preparing Wills for blended families in Cornwall, this is always dealt with explicitly to avoid problems later.

2. Stepchildren Receive Nothing Under Intestacy Rules

If someone dies without a valid Will (known as dying intestate), the law decides who inherits.

Under intestacy rules in England and Wales, only:

• Spouses or civil partners

• Biological children

• Legally adopted children

inherit automatically.

Stepchildren are excluded, regardless of how close the relationship was.

This is one of the most common estate issues I see when families in Cornwall are dealing with probate.

A professionally drafted Will prevents this entirely.

3. Can a Stepchild Challenge a Will?

Possibly, but it is far from straightforward.

Under the Inheritance (Provision for Family and Dependants) Act 1975, a stepchild may bring a claim if:

• They were treated as a “child of the family”, or

• They were financially dependent on the deceased

However:

• Claims are discretionary

• Evidence-heavy

• Expensive

• Emotionally draining

The court looks at financial need, the size of the estate, the relationship and any moral obligation.

Some claims succeed. Many fail.

Litigation is not estate planning.

Clear, careful Will writing in Cornwall avoids families ending up in court.

4. Blended Families Need Careful Estate Planning

Second marriages and long-term partnerships create additional complexity.

Common concerns I hear from clients across Cornwall and the South West:

• “I want my spouse protected, but I also want my children secure.”

• “What if everything ends up with a new partner later?”

• “How do I make things fair between biological children and stepchildren?”

In many cases, trusts within a Will are appropriate, particularly life interest trusts.

Template Wills are rarely suitable for blended families.

Proper estate planning ensures:

• Your spouse is secure

• Your children are protected

• Your wishes are carried out

• Future disputes are reduced

5. Lasting Powers of Attorney Matter Just as Much

Estate planning is not only about death.

If you lose mental capacity, who makes decisions?

In blended families this can become sensitive:

• Would your spouse manage everything?

• Should biological children be involved?

• What role, if any, would stepchildren have?

Without a registered Lasting Power of Attorney (LPA) in England and Wales, families often face delays, stress and potential disagreements.

I prepare both Wills and Lasting Powers of Attorney in Cornwall, because proper planning covers both life and death.

What This Means for Families in Cornwall

Emotionally, stepchildren are often simply “our children.”

Legally, they are not, unless you take action.

If you are part of a blended family in Cornwall or the wider South West, proper Will writing and estate planning is essential.

A clearly drafted Will can:

• Prevent accidental disinheritance

• Reduce the risk of claims

• Protect children from previous relationships

• Avoid costly disputes

• Give your family clarity and security

Will Writing & Lasting Powers of Attorney in Cornwall

I provide clear, practical estate planning services across Cornwall and much of the South West, including:

• Will writing

• Updating existing Wills

• Blended family estate planning

• Lasting Powers of Attorney

• Advice on protecting children from previous relationships

Home visits and secure virtual appointments are available.

Everything is explained in plain English. No legal jargon. No pressure.

If you’d like to make or review your Will in Cornwall, or put LPAs in place, get in touch.

It is far easier, and far kinder to your family to get this right now than to leave it to chance!