Modern families are increasingly complex, yet succession law remains rigidly traditional. Stepchildren have no automatic rights of inheritance, and second families are often unintentionally excluded – particularly where wills are outdated or intestacy rules apply.
For private client solicitors, these dynamics pose serious risks that must be addressed at the planning stage and during estate administration.
Stepchildren and the Law: No Automatic Protection
Under the intestacy rules in England and Wales, only biological and adopted children are entitled to inherit. Stepchildren – no matter how long they’ve been part of the family or how close the relationship – have no legal standing unless:
- They were legally adopted by the deceased; or
- They are named in a valid will.
In blended families, this often leads to unintended consequences, such as a stepchild being left with nothing after the death of a long-term parental figure. It can also trigger claims under the Inheritance (Provision for Family and Dependants) Act 1975 (IPFDA).
When Can Stepchildren or Second Families Claim?
Stepchildren may bring a claim under the IPFDA if they can show they were:
- Treated as a child of the family by the deceased; or
- Financially dependent on them immediately before death.
The Act allows them to apply for reasonable financial provision, especially in cases where:
- A new spouse inherits the entire estate to the exclusion of adult children from a previous marriage.
- The deceased supported children from a second relationship but failed to include them in their will.
These cases are increasingly common – and often contentious.
Practical Advice for Non-Contentious Practitioners
Whether advising on will drafting or estate administration, private client lawyers should take proactive steps:
During Will Preparation
- Ask about stepchildren and second families explicitly – don’t assume clients will mention them unprompted.
- Clarify their intentions: do they wish to include stepchildren or exclude adult children from prior relationships?
- Draft detailed letters of wishes if decisions are likely to be controversial or open to challenge.
During Probate Administration
- Be alert to potential claimants early – especially if you see second marriages, omitted children, or financially vulnerable stepchildren.
- Delay distribution until the six-month limitation period under the IPFDA has expired where there is known risk.
Risk Assessment and Mitigation
- Consider lifetime provision, trusts, or life policies to protect both first and second families.
- Explain clearly that intestacy offers no protection for stepchildren and limited flexibility for complex families.
Conclusion: Ignoring the Risk Isn’t an Option
The law continues to lag behind modern family structures. Without intervention, many clients unintentionally disinherit people they cared for deeply. For private client lawyers, the duty is not just to draft documents, but to spot vulnerabilities, manage expectations, and prevent future litigation.
Stepfamilies need bespoke planning – not assumptions.
John Lambe is Head of the Contentious Trusts and Probate team at Forbes Solicitors
