The moral dangers of dying without a Will: An illusion of fairness with stepchildren
- 5 days ago
- 3 min read
Updated: 2 days ago
Blended families are common.
Many parents in blended families assume that things will “work out” if they die without a Will. They assume love will translate into fairness. They assume their surviving spouse (if any) will take care of everyone - all combined: their biological and stepchildren, adopted children, foster children, de facto children. They assume the blend of siblings will continue to get along with one another after one or both parents pass away.
They assume the law will recognize the children they raised. The law does not share all these assumptions.
Download the Blended Family Tree Worksheet here.
This worksheet is designed to help you organize family relationships before meeting with an estate planning lawyer.
What happens to inheritance without a Will
In Alberta, if you die without a Will, your estate is distributed following a structure outlined under Part 3 of the Wills and Succession Act. That piece of legislation looks at legal relationships, and not emotional ones.
Adult children assumed through marriage (the "stepchildren") are not automatically entitled to distribution from the stepparent's estate, unless the stepchildren have been formally adopted or expressly written into the Will.
For many families, this baseline exclusion to inheritance comes as a shock. Stepparents may have raised their stepchildren since the early stages of life, contributed financially while the stepchildren were minors, and made promises to treat all siblings equally. Yet, without a Will, the law may treat the stepchildren as strangers to the stepparent's estate.
Within the estate planning process, our office typically achieves inclusion of stepchildren by naming the stepchildren within the list of beneficiaries, or by including a definition of what "children" means to the testator (a.k.a. willmaker, the person making their Will in Alberta).
Why this is a moral (and legal) issue
Not writing a Will is often framed as procrastination. In blended families, it is something more serious.
Failing to plan is not neutral. It is a decision to let the default system of law decide who matters to you after you die.
Dying without a Will and with adult stepchildren means:
No one has legal authority over intestate estates. Someone has to step up, to first apply to administer the intestate estate. Priority to apply for a surrogate grant is handled under Part 3 of the Estate Administration Act);
Stepchildren may be unintentionally disinherited - check our other articles for more discussion on intestate distribution to beneficiaries / heirs;
A surviving spouse or partner may feel forced to choose between the mix of children and what they believe their deceased spouse would have wanted and what they may receive for their family under their then current circumstances;
The biological, adopted and stepchildren children may be placed in conflict, navigating grief alongside legal uncertainty.
Merely spoken promises made to spouses and children (of any category) do not carry legal weight after death. Written Wills do.
Thoughtful planning for blended families
Blended family planning does not need to be complicated, but it does need to be intentional. This might include:
Naming stepchildren directly in your Will;
Using trusts, registered accounts and insurance policies to balance fairness and security;
Planning for how assets flow after a surviving spouse’s (or partner's) death;
Entering into mutual Wills with your spouse, and not mirror Wills (which can be changed after the death of a spouse);
Having honest conversations while everyone is still here to talk it out.
There is no one-size-fits-all life plan. There are thoughtful estate plans though and they are part of the final demonstration of love.
This information is intended to be general only. This isn’t legal advice. Reading or responding to it in any shape or form doesn’t create a solicitor-client relationship. External links are for your ease of reference only and not endorsements.
