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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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My mother died recently (June 2014) and left, in her will dated

Resolved Question:

My mother died recently (June 2014) and left, in her will dated 2005, about £30,000 to be divided equally between her grandchildren. My two sisters have 6 children in their 30s between them. I married in 2012 and have 2 step-children in their 20s (no children from previous marriage). My mother had all her faculties up until her death.

My two sisters and I are named as the three Executors of the wills.

So is the £30,000 divided between the 6 childen of my sisters - or is it divided 8 ways to include my two step children?
Submitted: 3 years ago.
Category: Law
Expert:  Kasare replied 3 years ago.
Hi thank you for your question, I will assist you with this.

From a legal position, stepchildren/step grandchildren have no rights to inherit from their step families estate, unless they have been specifically mentioned in the will.

Unlike natural and adopted children, who have automatic rights to inheritances unless specified otherwise, stepchildren need to be cited by name in order to be included in someone’s will.

However, if the all the executors and beneficiary's agree that the likelihood was your mother intended to include your step children or that you all consider this to be fair, the will can be amended to include your step-children. This would be done by way of a Deed of Variation.

If this cannot be agreed, then I am afraid they either have to accept that or try and contest the will.

If your stepchildren feel that the will may have wrongfully failed to mention them they can contest this. While this does not always result in the stepchild being granted any portion of the estate, the mere act of contesting a will can mean that the rest of the beneficiaries must wait for their funds to be dispersed until the matter has been reviewed and a decision has been made.

I hope this assists.
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