Blended family and inheritance: stepchildren do not inherit automatically

In blended families, inheritance law is a trap: anyone who thinks the stepchild will 'somehow' inherit too is mistaken. Without a clear arrangement, it can happen that exactly the people closest to you get nothing.

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By law, only relatives and the spouse inherit; a stepchild therefore does not inherit from the stepparent automatically. Without a will the stepchild gets nothing from the stepparent; it inherits only from its biological parent.

Anyone who wants to provide for stepchildren must arrange this actively, through a will, an inheritance contract or an adoption. Especially with the widespread 'Berlin will', pitfalls lurk in blended-family constellations; a well-thought-out arrangement is important.

What you should do now

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1. Clarify the situation
Who is to inherit: your own children, stepchildren, the partner? And what does the statutory order of succession provide?
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2. Consider stepchildren
If stepchildren are to inherit, they must be expressly provided for in the will/inheritance contract.
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3. Choose the arrangement
Will, inheritance contract or (step-)child adoption, depending on the goal and the degree of commitment.
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4. Get advice
Blended-family inheritance law is complex (compulsory shares, Berlin will); notarial advice is worthwhile.

Frequently asked questions

Does my stepchild automatically inherit from me?

No. By law, only relatives and the spouse inherit; a stepchild is not related to the stepparent and therefore does not inherit from him automatically. Without a will the stepchild gets nothing from the stepparent; it inherits only from its biological parent. Anyone who wants to provide for the stepchild must arrange it expressly.

How can I let my stepchild inherit?

Through a will or an inheritance contract in which you expressly appoint the stepchild as heir or legatee, or through a stepchild adoption, by which the child is legally treated like your own. In doing so, mind compulsory-share claims and possible pitfalls (for example with the Berlin will); notarial advice is highly recommended.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.