Can a stepchild contest a Will?
We often spot exciting headlines about squabbles over an unnecessarily vast inheritance, take the tiffs surrounding the (estimated) $100 million estate of Robin Williams or the $500 million estate of Prince, who shockingly died without a Will! Perhaps, you have heard of the ill-fated life of Anna Nicole Smith (a famous American model, actress, and television personality from the 90s), which attracted two estate disputes; firstly, by Anna herself, when her 89 year old husband died leaving his entire estate to his son and several charities, and secondly, when Anna herself sadly passed away at the age of 39. There were many twists and turns in this case, with one judge, at one point, ruling in the favour of Anna’s stepchild.
Can a stepchild contest a Will?
The simple answer is… yes. The Inheritance (Provision for Family and Dependants) Act 1975 (“the Act”) sets out the law which allows a Court to alter the distribution of a deceased person’s estate, if they have failed to make ‘reasonable financial provision’ for certain people. The key to making a claim under this Act is that you must fall within the category of people entitled to bring a claim, namely: a spouse, a former spouse, a person cohabiting with the deceased for at least two years before they died, a child, a child treated as a child of the family, or any other person who may have been financially dependant on the deceased before they died. A stepchild could, therefore, legitimately bring a claim as ‘a child of the family’ under the terms of the Act if they can prove that they have not been adequately provided for under the terms of the Will.
What is the meaning of reasonable financial provision?
The Courts will objectively consider various factors when determining a claim under the Act including, not just the financial needs of the stepchild bringing the claim, but the needs of all beneficiaries named in the Will. The Courts will play a balancing act between the competing needs of all beneficiaries, whilst considering the size and nature of the deceased’s estate.
There are other grounds on which a stepchild might decide to contest a Will. They could opt to challenge the validity of a Will as a result of undue influence, lack of testamentary capacity or by claiming that the deceased did not know and approve the contents of their Will at the time it was made.
These days, it is a common scenario where a parent-couple divorce, remarry and then place complete trust in their new spouse to ‘do the right thing’ when they die, making sure that their estate passes to the children from their previous marriage. Unfortunately, we then often see the ‘new’ spouse leaving their entire estate to their own children, cutting out the stepchildren altogether (whether intentionally or not). To avoid such a situation arising, it is important to seek legal advice when preparing your Will in order to protect your estate for your ultimate beneficiaries and to ensure your wishes are carried out.
If you require any further information on making a Will, please visit our Private Wealth and Inheritance hub. Alternatively, if you would like to speak to a member of our Private Wealth & Inheritance team, please call +44 (0)1276 686 222.
The information contained in this article is for general reference purposes only and should not be relied upon as everyone’s individual circumstances are different. Should you wish to seek bespoke advice, please contact one of our expert lawyers.
Sign up
Enter your email address for legal updates on Private Client & Family Law.
Make a will online
If you would like to start the process of making a will. Fill in our will questionnaire and submit the form by email to our specialist team. We can then create a will tailored for you from the details you provide.
Latest Articles
Navigating the Festive Season: Gifting and Tax consequences
Christmas is the season of giving, but what many may not be aware of are the potential tax consequences associated with gifting.
Why should you make a Will?
When the time arrives, do you know how much difference having a Will in place can make to your loved ones? And yet, most adults in this country have not made a Will.
A Brief Guide to Agricultural Property Relief
Agricultural Property Relief is a Tax Planning mechanism available to farmers and landowners to make the transfer of farming land on death less financially burdensome.
Top Legal Insights
Contract Law
Material Breach of Contract
What is a ‘material’ breach of contract by a party to a commercial contract? This is a critical issue regularly considered by the courts. What constitutes a material breach and what are the remedies?
Property Law
Commercial Lease: The Financial impact on Landlord and Tenant
Coronavirus (COVID-19) and the restrictions now in place to control its spread, are having a significant effect on many business sectors.
Divorce and Family Law
Divorce in Lockdown: Can I get some discreet legal advice?
We have spoken to clients who are unfortunately experiencing some family issues, and would like to obtain expert legal advice, yet don’t know how...
Land & Property Dispute
Restrictive Covenants – The Price of Modification
Having identified that your land is burdened by a restrictive covenant and for the purposes of this article the covenant in question will be that only one residential building can be erected on the land. What do you do next?
Award winning legal advice
Herrington Carmichael offers legal advice to UK and International businesses as well as individuals and families. Rated as a ‘Leading Firm 2024’ by the legal directory Legal 500 and listed in The Times ‘Best Law Firms 2023 & 2024’. Herrington Carmichael has offices in London, Farnborough, Reading, and Ascot.
London
60 St Martins Lane, Covent Garden, London WC2N 4JS
Camberley
Building 2 Watchmoor Park, Riverside Way, Camberley, Surrey GU15 3YL
Wokingham (Appointment only)
4 The Courtyard, Denmark Street, Wokingham, Berkshire RG40 2AZ
info@herrington-carmichael.com
© 2020 Herrington Carmichael LLP. Registered in England and Wales company number OC322293.
Herrington Carmichael LLP is authorised and regulated by the Solicitors Regulation Authority.
Privacy | Legal Notices, T&Cs, Complaints Resolution | Cookies | Client Feedback