Can a Step-Child Make a Claim Against an Estate? Understanding the Inheritance Act 1975

In England and Wales, a person has testamentary freedom to leave their estate to persons they so wish, provided that the will writer has capacity, knowledge and approval of the contents of the will, and further ensuring that the will itself has been duly executed. However, the 1975 Act sets out at section 1 the classes of qualifying persons who may be able to make a claim against a deceased’s estate should they not have been provided for either within a will or via the rules of intestacy.

This article focuses on instances where a step-child who has not been provided for from a deceased’s estate can make a claim under the 1975 Act. A step-child is the child of either a spouse, civil partner or long-term partner of an individual, who is not the biological child of the biological parent’s partner and has not been formally adopted by their biological parent’s partner. However, being described as a “step-child” does not automatically establish eligibility or guarantee an award from an estate.

When may a step-child bring a claim?

Section 1 of the 1975 Act sets out the following classes of claimant, of which a step-child may qualify:

Section 1(1)(d) of the 1975 Act provides that: “any person (not being a child of the deceased) who in relation to any marriage or civil partnership to which the deceased was at any time a party, or otherwise in relation to any family in which the deceased at any time stood in the role of a parent, was treated by the deceased as a child of the family” and therefore may apply if the deceased treated such step-child as a child of the family.

Section 1(1)(e) of the 1975 Act provides that: “any person (not being a person included in the foregoing paragraphs of this subsection) who immediately before the death of the deceased was being maintained, either wholly or partly, by the deceased” and therefore may apply in this circumstance if, despite not being treated by the deceased as a child of the family, they were otherwise maintained by the deceased immediately before their death. The required level of “maintenance” is assessed on a case-by-case basis. Occasional gifts or ordinary hospitality will not necessarily amount to maintenance.

In establishing the above, the Court will first need to consider the substance of the step-parent and step-child relationship between the claimant and the deceased. Relevant factors the Court may consider can include:

whether the deceased assumed a parental role;
whether the claimant lived with the deceased as part of a family unit;
the duration and closeness of the relationship;
whether the deceased provided financial, practical or emotional support;
how the deceased described the claimant to others; and
whether the relationship continued after the claimant became an adult or after any separation of the deceased from the step-child’s biological parent.

When will a step-child not qualify?

A claim under section 1(1)(d) may not be available where:

the deceased did not treat the claimant as their own child, or child of the family;
contact was limited, distant or purely formal;
any alleged parental treatment arose outside the relevant marriage, civil partnership or relationship; or
the deceased was not domiciled in England and Wales at the date of death.

Eligibility does not guarantee an award

An eligible step-child must also show that the deceased’s will, or the intestacy rules, failed to make reasonable financial provision for them. For most step-children, reasonable financial provision is limited to what would be reasonable for their maintenance. This does not mean that the claimant is automatically entitled to an equal share with the deceased’s biological children (if any).

Under section 3 of the 1975 Act, the Court considers matters including:

the claimant’s present and foreseeable financial needs and resources;
the needs and resources of the beneficiaries and any other applicants;
any obligations and responsibilities the deceased had towards the claimant;
the size and nature of the estate;
any physical or mental disability;
the claimant’s conduct, where relevant; and
the extent to which the deceased maintained or assumed responsibility for the claimant.

Adult step-children who are financially independent may therefore establish eligibility, but still receive no award should they already have sufficient income to cover their own maintenance.

Case Law

In Re Leach [1986] Ch 226, the claimant was an able-bodied 55-year-old step-child who did not qualify to inherit under the rules of intestacy from her late step-mother’s estate. The Court adopted a practical approach to the child-of-the-family category. Although the claimant was not maintained by the deceased, the deceased had, however, treated the claimant as her own daughter. This was sufficient for the Court to make an award in favour of the claimant in her 1975 Act claim. This case supports the principle that eligibility depends on the nature of the family relationship and the deceased’s treatment of the claimant, rather than biological parentage alone, irrespective of whether or not the deceased provided any maintenance.

Although concerning a biological adult child who brought a 1975 Act claim against her estranged mother’s estate, Ilott v The Blue Cross [2017] UKSC 17 remains important when assessing the merits and value of a step-child’s claim. The adult child claimant here sought reasonable financial provision from the deceased’s estate, despite the deceased confirming in her will and letter of wishes that she did not wish for the claimant to receive any entitlement from her estate.

This matter progressed to the Supreme Court, which confirmed that the earlier District Judge’s ruling, whereby a lump sum of £50,000.00 (being around 10% of the value of the estate) was awarded to the claimant in consideration of her financial needs, was sufficient maintenance from the estate. The Supreme Court confirmed that maintenance is a flexible concept; however, this does not provide a general entitlement to inherit. The Court must consider the deceased’s testamentary wishes, the claimant’s financial circumstances and the competing claims of the beneficiaries, which would also need to be considered with any 1975 Act claim brought by a step-child.

In the recent case of O’Herlihy v Taylor [2026] EWHC 505 (Ch) and another, the claimant brought a 1975 Act claim against the deceased’s estate, the deceased being the ex-partner of the claimant’s biological mother. The claimant’s mother began a relationship with the deceased around 1995, when the claimant was roughly six years old. The claimant’s mother and the deceased’s relationship ended in around 2004. It is stated that the claimant and the deceased had been estranged from 2012 until the time of the deceased’s death on 2 June 2019. The claimant submitted that the deceased had treated him as a child of the family for the approximate period between 1996–2002, with the deceased providing both financial and emotional support to the claimant after this period.

The claimant, however, was unsuccessful in seeking permission to bring his claim out of time, as the Court determined that the case had no prospects of success. Notwithstanding the estrangement between the deceased and the claimant in 2012, the Court determined that the claimant was not entitled to claim a higher standard of living which he had enjoyed for the period of time whilst he was being maintained by the deceased. It was distinguished, in contrast to the case of Ilott v The Blue Cross [2017] UKSC 17, that the claimant here was not financially uncomfortable, and his income was sufficient to cover his expenditure.

Summary

Whether a step-child can bring a successful 1975 Act claim ultimately depends on two separate questions: first, whether the claimant falls within an eligible category under section 1 of the 1975 Act; and second, whether the estate failed to make reasonable financial provision in all the circumstances.

The Court will not only consider whether any step-child claimant was maintained by the deceased, but will also consider the parental relationship, if any. The Court considers such claims on a case-by-case basis, taking great care to understand and appreciate the specifics and nuances of the case facts.

With the increase in blended families in the UK, it is very likely that we will see an increase in step-child 1975 Act claimants. It is therefore imperative to obtain legal advice so that the specifics of your own circumstances may be considered.

Should you have any queries regarding estate planning and will writing, please contact our Private Client team on 01329 822 333

This article is provided for general information only and does not constitute legal advice. It may not reflect the law or relevant guidance as at the date on which it is read and should not be relied upon as a substitute for advice tailored to your circumstances. To the fullest extent permitted by law, Churchers Solicitors LLP accepts no liability for any loss or damage arising from reliance on this article. No solicitor-client relationship is created by accessing or using this information. If you require advice on a specific matter, please contact one of the team at Churchers Solicitors LLP directly, who will be happy to help.

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