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.

Overpowered: battery rebate could be drained in a year

Demand for household solar batteries has soared so high consumers could drain the government's $2.3 billion rebate fund within a year. But extending the scheme More

Festive cleanup responsible for costly repairs

Unitywater is urging residents to dispose of festive food scraps responsibly, warning that fats, oils and seafood waste can cause costly wastewater blockages and More

Hike in holiday park fees even as visitor numbers dip

Noosa Holiday Park prices are set to rise by $5 a night in 2027, despite the Sunshine Coast region recording softer tourism performance for More

Builder celebrates 40 years and nearly 2000 homes

An award-winning residential builder has marked 40 years in business on the Sunshine Coast, where they've built close to 1950 homes. Dwyer Quality Homes celebrated More

Plea to rebuild horse round yard in suburban park

Dozens of horse-riding enthusiasts are urging authorities to rebuild a horse round yard at a public park after it was dismantled last year. About 70 More

Girl found safe and well

An 11-year-old girl reported missing earlier this month has been located safe and well. Queensland Police confirmed the girl was found after being reported missing 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