Can I inherit my step-parent’s estate?
Posted on 24th October 2019
Under the current Law, there is no automatic right for any children to inherit from their parents when they die. However, the reality of this can all depend on whether or not the parents have left Wills.
If a person leaves a valid Will, this will set out who their estate should pass to, and how much each person should get (or what share they should inherit). If there has been no Will (or it is not valid), then their estate will pass as per the Rules of Intestacy (which you can ready about on our local solicitors for Will’s blog, here).
If you’re in a position where your parents have both died and have not left you any provisions under the Will, you may be entitled to make a claim. You can contact our local solicitors for Wills, here, to find out more about whether you are entitled to make a claim.
If your parents have not left Wills, you may be entitled to benefit from their estate. In the first instance, the surviving spouse (whether or not this is your parent, or step parent) will inherit any assets owned by the deceased, up to the value of £250,000.00, including any property and personal possessions. If your parent’s estate was worth more than this amount, you (and any other children of your parent – as well as adopted children) will receive half of the remainder of the estate divided equally between you.
If your parent had no spouse, or your other parent has predeceased, their children will receive the whole of the estate, in equal shares between any surviving children. If you had siblings (again, whether half-siblings or adopted), who have predeceased you, their children or grandchildren (or remoter issue, if applicable), would be entitled to their share. Stepchildren are not included under the rules of intestacy.
Can I inherit from both my biological parents and adopted parents?
No. As an adopted child, you would inherit from your adopted parents, and not your biological parents.
Can I inherit from my step parent?
Whilst you would not inherit under the Rules of Intestacy, you may be entitled to make a claim, especially if you were treated as a child of the family, by the parent who has passed away.
For example, if your step-dad has passed away, excluding you from his Will, but he was your step-parent from a very young age, and had always treated you as his own, you could make a claim – speak to our local team of solicitors for Wills today, here.
MG Legal – Your Local Solicitors
Tagged as: Lancaster Law, Longridge Solicitors, Solicitors in Lancaster, Wills & Probate, Your Local Solicitors
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