Skip to main content
WUHLD
← Back to glossary

Child / Children

Also known as: Son, Daughter, Offspring, Issue

Definition

In UK wills and estate planning, "children" refers to your biological sons and daughters and any legally adopted children, but does not automatically include stepchildren unless you name them specifically in your will.

Understanding who legally counts as your "children" is crucial for will-making, as it determines who inherits automatically under intestacy law and how your will is interpreted.

What Does Child / Children Mean?

Under English and Welsh law, "children" for will and inheritance purposes means your biological children and any children you have legally adopted. Section 39 of the Adoption Act 1976 gives adopted children exactly the same inheritance rights as biological children—there's no legal distinction whatsoever. Since the Family Law Reform Act 1987 came into effect on 4 April 1988, UK law treats all biological children equally for inheritance purposes, regardless of whether their parents were married when they were born.

Crucially, stepchildren are not automatically included in the legal definition of "children." Even if you've raised your stepchildren for years and consider them your own, they have no automatic inheritance rights under the Administration of Estates Act 1925 intestacy rules. A will leaving assets to "my children" does not include stepchildren unless you explicitly name them. If you want your stepchildren to inherit, you must identify them specifically in your will—for example, "to my biological children Oliver and Sophie, and to my stepchild Lily, in equal shares."

Children under 18 (legally called "minors" or "infants") cannot receive inheritance directly. Under the Trustee Act 1925, any inheritance to minors is automatically held in trust until they turn 18, or a later age you specify in your will. You should appoint trustees to manage the inheritance for the child's benefit, with powers to use the funds for education, healthcare, and general welfare before the child reaches the specified age. Many parents choose age 21 or 25 for children to receive full control, rather than 18, believing this allows for greater financial maturity.

Common Questions

"Do stepchildren automatically inherit if I don't have a will?" No, stepchildren have no automatic inheritance rights under UK intestacy law. Only biological children, legally adopted children, and your spouse or civil partner can inherit automatically. If you want your stepchildren to inherit, you must name them specifically in your will.

"Can I leave money to my children under 18 in my will?" Yes, you can leave money and assets to children under 18, but they cannot legally receive their inheritance until age 18. The inheritance is held in trust, and you should appoint trustees to manage these assets for their benefit until they reach adulthood or a later age you specify.

"Do adopted children have the same inheritance rights as biological children?" Yes, legally adopted children have exactly the same inheritance rights as biological children under UK law. They inherit automatically under intestacy rules and are included when a will refers to "my children." However, legal adoption severs inheritance rights from biological parents.

Common Misconceptions

Myth: My stepchildren will automatically inherit from me because I've raised them since they were young.

Reality: Stepchildren have no automatic inheritance rights in UK law, regardless of how long you've raised them or how close your relationship is. Unless you formally adopt them or name them specifically in your will, they will receive nothing if you die intestate. A will leaving assets to "my children" does not include stepchildren. However, stepchildren who were financially dependent on you may be able to make claims under the Inheritance (Provision for Family and Dependants) Act 1975 if they believe they haven't received reasonable provision.

Myth: I need to leave everything equally to all my children—the law requires it.

Reality: UK law does not require you to leave your estate equally to your children. You have complete testamentary freedom to leave different amounts to different children, or to exclude children entirely if you choose. However, children (including adult children) can potentially make a claim under the Inheritance (Provision for Family and Dependants) Act 1975 if they were financially dependent on you or haven't received reasonable provision. While equal division is common and may reduce potential disputes, it's a choice rather than a legal requirement.

  • Guardian: The person you appoint in your will to raise your children under 18 if you die before they reach adulthood.
  • Minor: Legal term for any child under 18 years old who cannot receive inheritance directly and requires trust arrangements.
  • Trust for Minors: The legal arrangement that holds inheritance for children under 18 until they reach adulthood or a later age you specify.
  • Beneficiary: Anyone who receives a gift in your will, including children of any age you name as beneficiaries.
  • Step-child: Your spouse or partner's biological or adopted children who have no automatic inheritance rights unless you adopt them or name them specifically.

Need Help with Your Will?

Understanding who legally counts as your "children" is essential for creating a will that protects your whole family. Whether you have biological children, adopted children, or stepchildren, making your intentions clear prevents unintentional disinheritance and family conflict.

Create your will with confidence using WUHLD's guided platform. For just £99.99, you'll get your complete, legally binding will plus three expert guides. Preview your will free before paying anything—no credit card required.

Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.