As an adult stepchild, can I make a claim for financial provision?

Going through a grievance is always difficult, but a lot of stress can be added when you are relying on the person who has passed away to help you financially. With the added point of being a stepchild, it can make things slightly more complicated. 

So why may an adult stepchild want to bring forward a claim for financial provision? 

This claim would be made under the laws of intestacy in the absence of a will or in situations where a deceased stepparent’s Will does not include adequate financial provision for an adult stepchild.

Ultimately, the claims will be made either because the person who passed away was providing full or partial maintenance for the stepchild before they passed away or because the passed away person treated the stepchild like a child in any marriage, civil partnership, or other family in which they were a parent.

If the stepchild was already an adult when their biological parent married the person who has passed away, can they still make a claim? 

Re Leach – Leach Vs Lindeman and others [1985] is a crucial case regarding whether an adult stepchild may file a claim for financial provision under the Act. 2 ALL ER

This offers guidelines about the definition of “a child of the family” for an adult stepchild who was not raised as a baby by the stepparent who has passed away. There is only general guidance, as is customary in these situations, as the court does not wish to restrict itself unduly. In general, though, the answer is “yes”; an adult stepchild who was not raised by the deceased may successfully request financial support under the Act.

In the case of Re Leach, a 55-year-old adult stepchild successfully sued their stepparent’s estate after the stepparent passed away. The court determined that despite not living together and the person making the claim not receiving maintenance from the person who passed away, the two of them had a very close relationship. The stepparent had undoubtedly treated the person making the claim like they were their own child.

Could cases be similarly made against grandparents who acted as parental figures in place of the biological parents? 

When placing themselves in the position of a parent to a “child,” grandparents and stepparents should carefully examine their situations and determine whether they owe any duty to their grandchild or stepchild, taking into account the likelihood that a claim may be made. Although these circumstances won’t often arise, establishing provisions in the event they do could help reduce the expenses associated with a potential claim against the estate. In addition, if a court is consulted, providing a concise letter outlining why no provision is to be given can be helpful.

As an adult stepchild, can I check if I can make a claim? 

Yes, of course. Try our free claim checker by [clicking here]. We’re here to support and guide you through this process.