I’m Not My Parents’ Biological Child, am I Still Entitled to Inherit?

If you are not biologically related to your parents, then the question of whether you are entitled to inherit from them depends on a number of factors. These include whether you were formally adopted by your parents and whether they left Wills.

Is There a Will?

If your mother or father made a Will before they died, then this will state exactly who should inherit what from them. If you have been named as a Beneficiary in the Will, then this will stand regardless of your biological relationship to your parents. Anyone who has not been named as a Beneficiary in the Will is not entitled to inherit anything, regardless of their relationship with the deceased.

If your parents did not leave a Will, then strict inheritance laws called the Rules of Intestacy will come into play, to determine who inherits what. This is where the matter becomes more complicated.

What is Your Formal Relationship with Your Parents?

Under the Rules of Intestacy, biological children and legally adopted children are treated equally. This means that if you were formally adopted, you have the same inheritance rights as a biological child. 

Stepchildren and foster children, however, are not automatically recognised under intestacy laws, even if they were raised by the deceased and treated as part of the family. This can lead to difficult situations and disputes at a time that is already emotionally challenging.

Intestacy laws prioritise relatives in a specific order, with the surviving spouse or civil partner at the top of the list, followed by children. In some cases, disputes over a child’s relationship to the deceased may arise, and it may be possible to confirm the connection through DNA testing if necessary.

Example of Step-Child Not Receiving Inheritance

To illustrate how intestacy rules can affect blended families, consider the case of Mark, Emily, and Lily. Emily had a daughter, Lily, from a previous relationship. Although Mark was not Lily’s biological father, he raised her as his own child from a very young age. Later, Mark and Emily had two children together, and all three children grew up closely.

When Emily passed away without leaving a will, her entire estate was inherited by Mark under the Rules of Intestacy. Lily remained close to Mark, but when Mark died 15 years later without making a will, the intestacy rules applied again. His estate, including assets inherited from Emily, was divided solely between his biological children. As a result, Lily, despite being raised as part of the family, was not entitled to inherit anything.

This situation demonstrates how failing to create a Will can lead to outcomes that do not reflect the deceased’s intentions. If Emily and Mark had prepared wills during their lifetime, they could have ensured that Lily was properly provided for, leaving no room for uncertainty. As a result, Lily may not be entitled to inherit anything from her parents.

An effective way to have avoided this situation would have been for Mark and Email to make Wills while they were still alive. 

Can I Still Make a Claim to My Share of the Inheritance?

If you are excluded from an estate due to the Rules of Intestacy, it may be possible to make a claim under the Inheritance Act. This legislation allows certain family members to request reasonable financial provision from the estate if they have not been adequately provided for, as long as the estate can afford it.

Eligible claimants typically include biological and adopted children, as well as anyone treated as a child of the deceased for deaths occurring after 1 October 2014. If you believe you may have a claim, it is crucial to seek independent legal advice from a solicitor who can assess your situation and guide you through the process.

If you require further information in relation to the topic above, Call RJM Today at 01685 373721 or email us at info@rjmsolicitors.co.uk