My mum died 5 years ago, married to my stepfather who died 3 years ago leaving no will. My stepfather never adopted me. In fact my Nan and Granddad (mother’s side) brought me up and I was never adopted by my stepfather. They have 2 children together and my stepsister is winding up the estate. The estate is now ready for sharing and my step-sister says it should be split 3 ways. However, my half-brother says I am not entitled to anything from my stepfather and the estate should be split 50/50 between them. Can you advise who is right, please?
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Unless there was a trust clause in your mother’s Will to benefit you, you have no entitlement under the Rules of Intestacy following the death of a man who is not legally a parent i.e. is a stepfather in name only. Had he adopted you, you would have been entitled to a share of your stepfather’s estate. The moral situation may be quite different, and this is incredibly common when people are so bad at keeping their Legal Planning up to date and relevant.It is possible to claim under the Inheritance (Provision for Family and Dependants) Act 1975 that you were dependent on your “stepfather”. From your description, it seems that he did not support you, so it is not especially likely that a claim would succeed. But it could equally rebound and harden attitudes.It is absolutely crucial for people with children, ESPECIALLY from different relationships, to have up-to-date Wills to ensure things do work as they would wish, and your mother could perfectly easily have protected your interests had she taken good professional advice.I hope you are better organised! If not, go HERE.SteveStephen Pett contact The Probate Department www.theprobatedepartment.co.uk.