Do stepchildren inherit under the intestacy rules?
No. When someone dies without a will, the estate passes to a spouse or civil partner, children and other descendants, parents, brothers and sisters and more distant blood relatives, in the order set by section 46 of the Administration of Estates Act 1925. Stepchildren are not in that order. The intestacy rules guide explains the full order.
Adoption changes this. An adopted child is treated in law as the child of the adopter (Adoption and Children Act 2002, section 67), so a stepchild adopted by their step-parent inherits from them as their own child would.
How does this play out in a blended family?
Suppose you leave everything to your spouse, who is the step-parent of your children. If your spouse later dies without a will, their estate passes to their own relatives, and your children receive nothing from it. Even if your spouse has a will, they can change it at any time. That is why blended families often need individual advice; see second marriage with children.
How do you provide for stepchildren in a will?
Name them individually. You can:
- leave a specific gift, such as an item or a sum of money;
- give a share of the residue, for example equal shares between your children and stepchildren, each named;
- name a backup, such as the stepchild's own children, in case the stepchild dies before you.
The backup matters more for stepchildren. Section 33 of the Wills Act 1837 can pass a gift to the children of your own child who dies before you, but it applies only to your children and remoter descendants, not stepchildren (section 33). Without a named backup, a gift to a stepchild who dies first usually fails.
Avoid relying on phrases such as "my children", which are normally read as your own children. See writing a will with children and what is a beneficiary.
Can a stepchild make a claim against an estate?
Sometimes. Under section 1(1)(d) of the Inheritance (Provision for Family and Dependants) Act 1975, a person the deceased treated as a child of the family, in a marriage, civil partnership or any family where the deceased acted as a parent, can apply to court. The court can award what is reasonable for their maintenance. If you plan to leave out a stepchild you have supported, take advice; see can I disinherit someone.
What about unmarried couples with children from earlier relationships?
Both the partner and their children are outside the intestacy rules. An unmarried partner inherits nothing without a will, and nor do their children. If that describes your household, read wills for unmarried couples.
Naming stepchildren in a SwiftWill costs nothing extra. If you need to protect children from an earlier relationship while providing for a partner, SwiftWill's screening directs you to a solicitor, because that usually needs a trust.
Sources
- Administration of Estates Act 1925, section 46
- Adoption and Children Act 2002, section 67
- Wills Act 1837, section 33
- Inheritance (Provision for Family and Dependants) Act 1975, section 1
Sources checked 24 September 2026.