Insights

When families have stepchildren, issues of inheritance can become complicated and it is important to put a Will in place that accurately deals with the situation to avoid disputes. When families have both birth children and stepchildren, there is always a risk that someone could be left out if inheritance matters are not carefully considered. If someone dies without a Will, then depending on the circumstances, children or stepchildren could be disinherited. Providing for your children after your death If you wish to adequately provide for your children after your death, it is essential that you put a Will in place, particularly if you have remarried. In the event that you do not have a Will in place when you die, the bulk of your estate will pass under the Rules of Intestacy to your spouse. Even if you have written a Will, your children could still inherit nothing if you leave everything to your spouse, by virtue of what is known as ‘the sideways disinheritance trap.’ Understanding the sideways disinheritance trap Where a couple have left all of their estate to each other and one of them dies, there is a risk that their children may ultimately miss out on inheriting anything. If the surviving partner remarries, then any existing Will is automatically invalid. If the surviving partner dies without making a new Will, then most of their estate will pass to their new spouse, along with anything that they hold jointly together such as a property owned as joint tenants and any shared bank accounts. If the new spouse also dies without making a Will, the whole of the estate will be passed onto their children or other blood relatives, leaving the children of the original couple with nothing. The new spouse also has the option to make a new Will leaving the money where they wish, which could again exclude the first couple’s children. There is also a risk that the money will be spent, for instance, in a bad investment or in paying for care home fees. Fortunately, there is a way to deal with this that ensures that children will not be excluded. Leaving a life interest trust in your Will By leaving a life interest in your property and assets to your spouse, you can ensure that they can continue to live in any shared home for the rest of their life, but when they die, your interest will pass to those you have named in your Will, which would commonly be your own children from your first relationship. Providing for your stepchildren after your death If you wish to provide for stepchildren after your death, it is essential that you make a Will. If you die without making a Will, then your estate will be distributed to your family members in accordance with the Rules of Intestacy. The Rules do not make any provision for stepchildren. Others in a close relationship with you could also miss out, such as a cohabiting partner, as only blood relatives are included in the list of those who will inherit. In the event that you name your stepchildren in your Will, you should consider the position of any birth children you may have. If you do not leave them anything, then there is a chance that they could contest the Will under the Inheritance (Provision for Family and Dependants) Act 1975. Dealing with issues of inheritance can be complicated, especially when a stepfamily is involved. It is advisable to seek expert legal advice to ensure that the arrangements you make are legally sound and well thought-out and that they have the best chance of going unchallenged. Where a Will has been professionally prepared, it can minimise the risk of a disagreement arising after your death. Discussing matters with your family where possible can also help to prepare those involved and ensure that they understand what your wishes are and why you have made them. At Gibson Young we offer both legal expertise and outstanding client service. We are friendly and approachable and our advice is clear and straightforward. If you would like to speak to our expert Wills and probate team about having a bespoke Will drawn up, please get in touch by calling 020 7924 2919 or e-mail reception@gibsonyoungsolicitors.com . All initial enquiries are completely free of charge and without any obligation.

Get sound legal advice from Gibson Young Solicitors in and around Putney, Clapham and the surrounding areas - The end of love in a time of Coronavirus

The Government has urged people not to move house to try to limit the spread of coronavirus across the UK. It has said that buyers and renters should delay moving while emergency stay-at-home measures are in place.

The spread of Covid-19 has forced the abrupt closures of shops, restaurants, cafés and other businesses across the UK. Here we give some general advice to commercial landlords and tenants on their options.

Increased social distancing measures to combat the coronavirus have undoubtedly been putting strain on families with shared childcare arrangements.