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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Other Pages in the Adoption Section
- When can a Step Parent adopt their Step Child
- How do I get Family Court leave to commence Adoption proceedings
- Alternatives for Step Parents to Adoption
- How a Step parent gets a Parenting Order for a Step Child
- When can a Will provide for Inheritance by & Guardianship of a Step Child
- How to adopt a Child from Overseas
- How are Adopted Parents selected by authorities
- What is a Final Adoption Order & how do I get one