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Thomas Judge
Thomas Judge, Solicitor Advocate
Category: UK Law
Satisfied Customers: 32826
Experience:  Award winning lawyer with over 15 years experience
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If a woman who has no children dies intestate, can stepchildren

Customer Question

If a woman who has no children dies intestate, can stepchildren claim on her estate
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas Judge replied 1 year ago.
Thanks for your question. Please remember to rate once you get my answer.
Let me see if I can help. The starting point is that stepchildren can not make a claim on an estate unless they have also been adopted.
However if a stepchild was treated as a child of the family by a married stepparent or was financially dependent on a stepparent who has died, and there is either no or inadequate provision on the death of the stepparent, he or she can make an application to the court under the Inheritance (Provision for Family and Dependants) Act 1975. Living in a household with a stepparent often means that the stepchild was at least partly dependent. The amount the stepchild is likely to receive will depend on a number of factors, including the size of the estate, the age of the stepchild, his or her needs, including any special needs, the level of the dependency etc. The application should be made within six months of the date of the grant of probate or of letters of administration, and so you should act swiftly.

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