I have stepchildren
In short
Stepchildren you have not legally adopted have no automatic right to inherit from you. Under intestacy they receive nothing, and even a Will that leaves gifts to 'my children' may not include them. If you want stepchildren to benefit, name them specifically in your Will or define 'children' to include them.
The situation
You have stepchildren you may wish to provide for.
What happens legally
The law treats step-relationships differently from biological and adopted ones:
- Under intestacy, only biological and legally adopted children inherit; unadopted stepchildren receive nothing.
- In a Will, the word 'children' is generally read as biological and adopted children unless you say otherwise.
- A stepchild treated as a 'child of the family' or financially maintained may bring an Inheritance Act 1975 claim, but has no automatic entitlement.
- Naming stepchildren explicitly, or adopting them, are the reliable ways to include them.
The risks
- A much-loved stepchild can be unintentionally excluded by vague wording or intestacy.
- Disputes can arise between biological children and stepchildren over an ambiguous will.
- Relying on the survivor to provide for stepchildren is not guaranteed.
Recommended actions
- Name stepchildren specifically in your Will if you want them to inherit.
- Define 'children' in the Will to include stepchildren where appropriate.
- Consider trusts to balance provision between biological children and stepchildren.
- Review your Will after any change in your blended family.
Sources
- Administration of Estates Act 1925 (intestacy and meaning of 'children') — legislation.gov.uk
- Inheritance (Provision for Family and Dependants) Act 1975 — legislation.gov.uk
- GOV.UK — Make a Will
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
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