Stepchildren in succession law across European jurisdictions – current landscape and legislative concerns

Abstract

In many European countries, over 10 per cent of families are blended families. However, national succession laws often do not recognize the factual relationships existing within blended families. Only a few jurisdictions grant children rights to their parent’s spouse’s or unmarried partner’s estate. This article identifies and groups the relevant provisions. An analysis of the provisions shows that stepchildren and children of an unmarried partner have very limited succession-law rights, and nowhere in Europe do they have rights equal to those of legitimate children. To facilitate a change, this article identifies and examines the aspects to be considered when legislating succession-law rights for children in blended families.

Stepchildren, Succession, Europe, Blended families, Intestate succession