With the divorce rate in Canada exceeding 50% it is common these days for people to be in a new relationship later in life. Often each of them have children from their previous relationships. It is important to understand that when one or both of the parents die, stepchildren have no claim at law to the estate of their stepparent.
The typical scenario that happens is that two people live in a common-law relationship or get married and each have children from their previous relationships. One of them dies leaving their entire estate to the survivor and the survivor then dies leaving their estate to only their children. The children of the parent who dies first are the stepchildren of the parent who dies last and they have no legal right to contest the will. They may receive nothing.
One way to remedy this is for people who have blended families to address this specifically in their wills. They may, for example, wish to not leave their entire estate to their spouse but to share it between their spouse and their children. Another way to address this is if they have life insurance, they may wish to designate their children as the beneficiaries of the life insurance and leave other assets such as their home to their new spouse.
FAQ
1) Do stepchildren have inheritance rights if their stepparent legally adopts them?
Yes, if a stepparent adopts a stepchild, that child becomes a legal heir of their stepparent just as if they were a biological child.
2) Can I leave a gift to my stepchild in my will?
Yes, you can leave any part of your estate to your stepchild in your will, even if they are not legally adopted, however your spouse or biological children can challenge the will if they believe they themselves were not adequately provided for in the will.
3) What if my family dynamics change over time?
It’s important to keep your will updated to reflect your current situation, for example, if your relationship status changes or you join a blended family.
For more information on estate planning, or to book an appointment, call Deborah Todd Law at 250-590-6226 or use our contact page.
Deborah A. Todd
