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.

Design revealed for billion-dollar rail upgrade

Detailed designs have been released for a major rail upgrade, including track duplication, on the Sunshine Coast. The Department of Transport and Main Roads unveiled More

Calls for reform as GP bulk billing falls short

Sunshine Coast residents still face limited bulk billing GP options, despite major federal funding aimed at boosting access to free medical care. Government-funded Health Direct More

Council takes high-tech approach to weed battle

Drones, artificial intelligence and environmental DNA are among the tools being used by Sunshine Coast Council in a fight against invasive weeds. The CSIRO estimated, More

Researchers and distillers blend nature, sound and story

A local collaboration is turning one of the Sunshine Coast’s biggest environmental stories into something people can actually sip, hear and experience. The region’s UNESCO-recognised More

Tiny newcomers create a splash

Two endangered eagle ray pups are already stealing attention after making their public debut, with the tiny brothers quickly becoming known for their unique More

Regional publishers body pushes back on NBI changes

Country Press Australia (CPA) has called for the Federal Government’s News Bargaining Incentive (NBI) to remain tightly focused on securing fair commercial agreements between 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