100% Locally Owned, Independent and Free

100% Locally Owned, Independent and Free

Can my new partner’s children challenge my Will? Legal expert Trent Wakerley reveals answer

Do you have a news tip? Click here to send to our news team.

Town centre outage forces shops to close

A pole-top fire has caused a major power outage in Nambour's town centre today, leaving businesses without electricity and forcing some to close. The incident More

Sunshine Plaza stake set to sell in $622m deal

Sunshine Plaza's ownership structure is set to change after a $622 million deal was struck for a 50 per cent stake in the Sunshine More

Missing woman located deceased

The 57-year-old woman who was reported missing from Diddillibah on June 13 has been found deceased. Police said her death was not being treated as More

Revised designs released for foreshore revamp

New artist’s impressions and design details have been released for a major project along an exposed stretch of the Sunshine Coast. The community has been More

Preliminary works begin for major transport project

Preliminary works are underway on the southern end of the Sunshine Coast as activity ramps up on one of the region's most significant transport More

$400m investment renews key wastewater link

A key wastewater pipe serving thousands of Sunshine Coast residents has been renewed as part of Unitywater's $400 million infrastructure replacement and renewal program, More

“My new partner’s children can’t challenge my Will, right?”

Wrong!

There are many misconceptions in relation to the classes of person who are eligible to ‘challenge’ the proposed distribution of your estate.

One common misconception is that it is only ‘blood’ relatives that can pursue a claim.

This is certainly not the case, and the categories of eligible applicants include your step-children as well as your ‘de facto’ step-children.

Help keep independent and fair Sunshine Coast news and opinion coming by subscribing to our free daily news feed. All it requires is your name and email. See SUBSCRIBE at the top of this article 

The court takes into account a number of factors when considering whether a challenge will succeed, including:

  • the level of need of the challenger;
  • the size of the estate;
  • the nature of the relationship between the challenger and the deceased; and
  • other competing claims on the estate.

There are strategies that can be put in place to assist in minimising the effect of any challenge.

A carefully structured estate plan can ensure only the people you intend to benefit do so.

Trent Wakerley is a Director at Kruger Law. He is an expert in Will disputes and also a Sessional Lecturer at the University of Sunshine Coast in Elder Law and Succession and a member of the Queensland Law Society Elder Law Committee.

 

 

Subscribe to SCN’s free daily news email

This field is for validation purposes and should be left unchanged.
This field is hidden when viewing the form
[scn_go_back_button] Return Home
Share