Challenging a Will is never straightforward. Whether a stepchild can successfully make a claim against a Will depends on the circumstances of the case, the relationship with the person who has died, and the legal grounds relied upon.
In short, the legal answer is: it depends.
There are two main legal routes available when challenging a Will in England and Wales. Each applies in different circumstances and has different requirements.
The first approach is to argue that the Will itself is invalid.
A Will may be declared invalid if:
If a Will is invalid, an earlier valid Will may take effect instead.
A stepchild can only benefit from this type of claim if they were included in a previous valid Will. If they were not included in any earlier Will, this route is unlikely to help.
The second route is not about whether the Will is valid, but whether it is fair.
Under the Inheritance (Provision for Family and Dependants) Act 1975, certain people can apply to the court if a Will fails to make reasonable financial provision for them.
Importantly, this can include people who are not biological children.
A stepchild may be entitled to bring a claim if:
This definition is deliberately flexible. Courts assess each case on its own facts, including the nature of the family relationship.
Just because a stepchild is entitled to bring a claim does not mean the court will automatically award them provision.
Each case is assessed carefully and individually.
Judges must consider a range of statutory factors, including:
One key issue is whether the deceased had a continuing responsibility towards the stepchild.
If a stepchild had a legitimate expectation of financial support or inheritance, this can significantly strengthen a claim and allows the court flexibility to reach a fair outcome.
Inheritance disputes involving stepchildren are highly fact specific. Getting early legal advice is essential.
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