Am I still a step-dad?

stu888

I was divorced some 20 years or so ago after a marriage that only lasted a couple of years.  I have never re-married, I do not know what my ex's present marital situation is.  A few years ago I made a will leaving some money to my ex-wife's daughter.  I am now considering rewriting my will and am wondering if I have any legal connection to my ex-wife's daughter.  The reason for asking this is that apparently if I left my property to a step-child then they would not have to pay Inheritance tax, so rather than leave just money I was wondering if I should leave my property to her.  This was my only marriages, I do not have any natural children of my own and it seems a bit unfair to me that someone with children should get a better break when it comes to paying IHT.  Sorry if this question has been asked before, but I have searched and cannot find an appropriate thread, if there is one then I would be grateful for a steer in the right direction - Thanks

74jax

stu888 said:

I was divorced some 20 years or so ago after a marriage that only lasted a couple of years.  I have never re-married, I do not know what my ex's present marital situation is.  A few years ago I made a will leaving some money to my ex-wife's daughter.  I am now considering rewriting my will and am wondering if I have any legal connection to my ex-wife's daughter.  The reason for asking this is that apparently if I left my property to a step-child then they would not have to pay Inheritance tax, so rather than leave just money I was wondering if I should leave my property to her.  This was my only marriages, I do not have any natural children of my own and it seems a bit unfair to me that someone with children should get a better break when it comes to paying IHT.  Sorry if this question has been asked before, but I have searched and cannot find an appropriate thread, if there is one then I would be grateful for a steer in the right direction - Thanks

Rules for not paying inheritance tax (gov website) - 

There’s normally no Inheritance Tax to pay if either:

• the value of your estate is below the £325,000 threshold
• you leave everything above the £325,000 threshold to your spouse, civil partner, a charity or a community amateur sports club

If the estate’s value is below the threshold you’ll still need to report it to HMRC.

If you give away your home to your children (including adopted, foster or stepchildren) or grandchildren your threshold can increase to £500,000.

Personally I would not consider you a step parent after divorce, but I've googgled and can't find anything to support my thoughts (or anything really). 

sheramber

it seems to depends  on whether you adopted the step child.
  
https://www.familylives.org.uk/advice/your-family/stepfamilies/stepfamilies-legal-information/inheritance-and-stepfamilies/
 

CookieMonster

You have no legal connection to the child.
I've recently written my will, leaving my property to my ex-partners' daughter (who I continue to have a relationship with) but who I never adopted. I'm hoping to live long enough that IHT won't be an issue, spending as much as I can on the way out... 

74jax

This has been really interesting, my husband (my daughters step dad) leaves her something in his will. If I die before him is he still classed as her step dad.... 🤔 Never something I'd thought about. 

silvercar

I always thought the “step” in step-dad meant you had adopted your spouse’s child and weren’t their natural father. If you hadn’t adopted them, then you don’t have a direct relationship with them only with their mother.

MovingForwards

My understanding 'step' is when married to the parent of the kid(s).

If adopted they would be your kid(s) too as you don't unadopt kid(s) on divorce.

As you're divorced, I doubt she is your step-daughter anymore. That doesn't mean you can't have a father / daughter relationship and leave your estate to her, it does cast doubt as to whether she is still your step-daughter. 

The solicitor drawing up your will can clarify whether she would meet S-D requirements.

Edit to add - https://www.hartbrown.co.uk/latest-news/step-parents-position-after-divorce/#:~:text=Conclusion,divorced from the biological parent.&text=Step-parents also need to,step-children after a divorce.

Savvy_Sue

MovingForwards said:

My understanding 'step' is when married to the parent of the kid(s).

If adopted they would be your kid(s) too as you don't unadopt kid(s) on divorce.

As you're divorced, I doubt she is your step-daughter anymore. That doesn't mean you can't have a father / daughter relationship and leave your estate to her, it does cast doubt as to whether she is still your step-daughter. 

The solicitor drawing up your will can clarify whether she would meet S-D requirements.

Edit to add - https://www.hartbrown.co.uk/latest-news/step-parents-position-after-divorce/#:~:text=Conclusion,divorced from the biological parent.&text=Step-parents also need to,step-children after a divorce.

The bit I have put in bold is the key point. Take proper advice! 

Pollycat

74jax said:

Personally I would not consider you a step parent after divorce, but I've googgled and can't find anything to support my thoughts (or anything really). 

I had a step-Dad from the age of 9 (when he married my Mum but knew him for several years before that.

I was never adopted.

If he and my Mum had divorced, I would have still seen him as 'my Dad' and would have wanted to continue to see him and have him in my life, regardless of what age I was. I'm pretty sure he would have felt the same.

Of course, that's just about emotions rather than legalities.

The OP doesn't mention the emotional relationship (if any exists) between him and his (ex?) step daughter.

Keep_pedalling

Leaving a property to a child, does not exempt the bequest from IHT, it just gives you an additional £175k of exemption. The child must be your own or adopted to be able to claim RNRB. 

A second point it that it is never a good idea to leave a specific property to someone. It is quite possible that by the time you die you may no longer own it and may not have the mental capacity to change the will so the bequest will fail.

Better to make her a residual beneficiary. You should also consider making use of your annual allowances to make gifts if your estate is in IHT territory. 

74jax

Pollycat said:

74jax said:

Personally I would not consider you a step parent after divorce, but I've googgled and can't find anything to support my thoughts (or anything really). 

I had a step-Dad from the age of 9 (when he married my Mum but knew him for several years before that.

I was never adopted.

If he and my Mum had divorced, I would have still seen him as 'my Dad' and would have wanted to continue to see him and have him in my life, regardless of what age I was. I'm pretty sure he would have felt the same.

Of course, that's just about emotions rather than legalities.

The OP doesn't mention the emotional relationship (if any exists) between him and his (ex?) step daughter.

Exactly the same as my daughter and my husband. They have a great relationship and she doesn't call him dad but will get him step-dad related things. It's a relationship that has grown over time and neither has forced what has happened but it's lovely to see 😊
I think if we were to divorce he would not be her step dad though, although I can't find anything to confirm either way to be honest. I know in their eyes their relationship would continue but 'legally' I don't believe inheritance tax would treat her as though we were still married.
I'm very interested in this now if I were to die first. Is he still recognised as a step dad? Or is it only whilst married. He leaves her a substantial inheritance so it's definately something we will look into (I'm older than him so that is the only reason I'm thinking of this scenario).