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Step childrens' entitlement to estate

My aunt died and a search ha found no Will. She has step-children. Would they have an interest in the estate?

Where a person dies without having made a Will they are deemed to have died intestate and the estate is divided as per the rules set out in the Succession Act 1965.

If there are genuine step-children then Section 72 of the Succession Act 1965 applies which says relatives of the half blood shall be treated as, and shall succeed equally with, relatives in the whole blood in the same degree.

This listener should make sure that they are genuine step-children however, because sometimes the term “step-child” is used by family even though that person would not be a step-child in the legal sense of the word.

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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