How Do Your Step Children Fit Into Your Will?

These days almost half of marriages end in divorce and approximately 65% of remarriages bring children from a previous relationship into the mix. If this applies to you, you might have step children who are the children of your new spouse and their previous partner.

Whether or not you provide for your step children in your will is completely up to you, as you have the freedom to dispose of your property in any way that you choose after you die. Perhaps you want to leave some money to your stepchildren, or you might not, however clearly drafting this into your will is very important because otherwise it can lead to confusion and conflict. The law will not giveyour step-children the same automatic rights to inheritance that your biological children will have.

 

If You Want to Include Your Stepchildren, You Must Update Your Will

In the case that you decide you want to include your step children in your will and leave them a portion of your estate after you die, you will need to make sure that this intention is clearly stated.

Unless you have legally adopted your stepchild, they will usually have no legal right to any of your property. If there is nothing written about them in your will they will likely be overlooked and not given any of the inheritance. If you simply state that you want your possessions to be passed along “to your children” there could be confusion as to whether you meant your biological children or your stepchildren as well.

 

How to Fit Your Step Children Into the Will

If you have already drafted a will, look through it carefully to find the parts that you will need to update with the names of your step children. Discuss the plans for how you intend to include them with your spouse who is their parent as well as with the children if they are old enough to understand. Determine what type of inheritance you would like to leave for your step-children, such as property, possessions, or a trust and state this along with their names to avoid any confusion.

You can also make your step-children “contingent beneficiaries” which means that they will only receive estate property if their natural parent does not survive after you. Otherwise your assets will pass on to your spouse.

Writing a will can be very complicated and it is important to get it right, which is why it is a good idea to hire the services of an experienced lawyer who understands how mixed families with step-children can be accommodated for within a legal will.