My stepchildren want to challenge their stepparent's will. Can they?

What the Law Says

The Inheritance (Provision for Family and Dependants) Act 1975 allows certain people — including some stepchildren — to apply to court for reasonable financial provision from a deceased person’s estate if the will or intestacy rules do not make adequate provision for them.

Stepchildren are not automatically entitled to challenge a will. However, section 1(1)(d) of the Act includes 'any person who… was treated by the deceased as a child of his family' — this can include stepchildren, provided they were treated as a child of the family by the stepparent (not just the biological parent).

Crucially, being a stepchild alone is not enough. The court looks at the nature and extent of the relationship: did the stepparent assume parental responsibilities? Did the stepchild live with them? Was there emotional or financial support akin to a parent–child relationship?

The application must be made within six months of the grant of representation (e.g., probate), unless the court grants permission to apply out of time.

Statutory Text

any person who… was treated by the deceased as a child of his family

— Inheritance (Provision for Family and Dependants) Act 1975, s. 1(1)(d) — Persons who may apply for provision

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