In our new series, we answer commonly-asked questions about estate planning – wills, enduring powers of attorney and estate administration – to help you make informed decisions for you and your whānau.
With blended families on the rise, many people find themselves taking on a new role as stepparent. What do you have to consider when it comes to making your will?
My wife and I have been married for 10 years. She has adult children to her ex-husband. Do I legally have to leave her children anything in my will?
As the children are adults, the short answer is probably no.
Legally, a stepchild would only have the right to make a claim if they were being maintained by their stepparent immediately before their death. The specific piece of legislation governing this is the Family Protection Act.
Where a stepchild may have a valid claim
However, there are circumstances where a stepchild may have a valid claim. One is where mutual wills are in place that provide for stepchildren, as these are legally binding. Mutual wills differ from mirror wills - mirror wills are simply similar wills made by two people and are capable of being revoked, changed and updated at any time. There can be a bit of confusion over these different types of wills.
Another exception would be if your stepchild has provided a service to you and in return you promised to provide for them in your will. If that was the case, they may have a claim on your estate. Imagine a stepchild who gives up their job and life in another city to move in and care for an elderly stepparent on the promise that they’ll inherit the house, by way of example. The services provided by this stepchild would need to be services that go well beyond what’s typically expected in family relationships.
It’s worth noting that your wife’s estate could be subject to a claim from her children if they are not adequately provided for in her will.
Wills and prenups
If you have a Relationship Property Agreement (sometimes called a prenup or Contracting Out Agreement), it’s important that this aligns with the terms of your will. That way, the two documents work together seamlessly, rather than their terms conflicting, which may cause unnecessary complexity and cost when it comes time to administer an estate.
The importance of professional advice
Blended families are increasingly common and estate planning in these situations can be complex. To clearly communicate your wishes and minimise the risk of future disputes, it’s important to structure your will carefully.
We strongly recommend seeking professional advice to explore your options and ensure your estate plan reflects your intentions. A well-considered will can help protect your assets, provide clarity for loved ones and reduce the likelihood of challenges later on.
We also encourage you to talk to your loved ones about your plans. Start those important conversations today.
Kind regards,
Michelle Pope, Principal Trustee at Public Trust
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