Adoption Alternatives: Guardianship, Will for Inheritance

Using a Will to provide for Inheritance & Guardianship of Step Child 

Another option if a step-parent wants to take legal responsibility to provide for their step-child after they die, is to include their step-child in their Will.

Wills can contain specific clauses:

  • so that a step-child will inherit from their step-parent;
  • as to the guardianship of a step-child.

A step-parent (as can a step-grandparent) can make provision in their Will so that their step-child inherits from them.

If a step-child has not been adopted, then specific provision must be made for them in a Will to enable the step-child to inherit from their step-parent.

 



 

If specific provision has not been made for a step-child in their step-parent’s Will, they may not automatically inherit from their step-parent.

If a step-parent does not wish their step-child to inherit from them, then they may wish to instruct a lawyer to insert a clause in their Will stating this.

The future of the children in a step-family can also be safeguarded by nominating a future guardian for the child in their Will.

 

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