Financial Planning for Step Children 1 - Wills

Published / Last Updated on 15/01/2022

If you die without a will or if your will ‘fails’, you die ‘intestate’.  This means that the law takes over in how your estate is distributed on death.  This is dictated by the Administration of Estates Act 1925, the Intestate Estates Act 1954 and then a further act the Inheritance and Trustees’ Powers Act 2014.  If you die without a will:

Death, No Will, With a Spouse/Civil Partner

  • No children:  your spouse/civil partner inherits all your wealth
  • Have children: Your personal chattels (not money) up to £270,000 is inherited by your spouse with the remaining main estate shared 50% to spouse (before 2014 this was only a life interest) and 50% to your children.

Death, No Will, No Spouse or Civil Partner

The Administration of Estates Act 1925 (as amended) sets out the order of priority for estate distribution:

  1. Your Chlldren (whole blood children and legally adopted)
  2. Parents
  3. Whole blood siblings i.e.  full brothers and sisters and then their ‘issue’ i.e.  their children
  4. Half blood siblings i.e.  half brothers and sisters and then their ‘issue’ i.e.  their children
  5. Grandparents
  6. Whole blood aunts and uncles i.e.  full aunts and uncles and then their ‘issue’ i.e.  their children
  7. Half blood aunts and uncles i.e.  half aunts and uncles and then their ‘issue’ i.e.  their children
  8. The Crown, the Duchy of Lancashire or the Duchy of Cornwall depending upon where the deceased lived.

Your step children are not included in the administration of an estate or entitled to any distribution of your estate.

If you have step-children, you need to make a will to make sure they are included and can benefit from your estate.

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