When a parent dies and leaves everything to a surviving stepparent, it can be very difficult for children, particularly where the expectation was that they would share in the estate under the Will. A common reason this happens is how property is owned between partners.
Why everything may pass to the stepparent
If your mum and stepdad owned their home as joint tenants, the property automatically passes to the surviving owner on death. This is called “survivorship”.
What is Survivorship?
Survivorship means:
The property does not form part of your mum’s estate
It does not get distributed under her Will
The stepdad becomes the sole owner automatically
As a result, the estate may have little or no assets left to distribute to beneficiaries.
Can anything be done?
In some cases, a claim can be made under the Property (Relationships) Act 1976 (PRA).
This type of claim can seek to bring relationship property back into the estate. In practical terms, this may allow for a half share of the relationship assets (such as the family home and other jointly accumulated property) to be returned to the estate.
If successful, those assets would then be available to be distributed in accordance with the Will.
Why this matters
This type of claim is often considered where:
The main asset was the family home
The property was owned jointly during a long relationship
One partner’s estate has been effectively left with nothing due to survivorship
There are children from a prior relationship
The reality
Whether a claim is viable depends on the specific circumstances of the relationship and the assets involved. These matters are highly fact-specific and often turn on financial contributions, intentions, and fairness.
What should you do next?
If you are in this situation, it is important to obtain legal advice early. The key issue is whether there is a basis to bring a PRA claim to restore assets into the estate so they can be distributed under the Will.
This article is for general information only and does not constitute legal advice. For advice about your specific situation, contact us for more information.
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