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.

‘Really special’: Aussie pair triumphs in Coast ironman

Queensland’s Ellie Salthouse and Tasmania’s Jake Birtwhistle have impressed on their way to victory at the 2025 IRONMAN 70.3 Sunshine Coast, with both athletes More

More details revealed as police hunt duo after alleged car theft

New information has been released by police about two persons of interest as they continue investigations into an alleged armed robbery and assault yesterday. Investigations More

Work starts on multimillion-dollar parcel facility

Construction has started on a new Australia Post facility that is expected to process up to 16,000 parcels a day. Work is underway on building More

Firearm and car seized as emergency declaration revoked

Police have revoked an earlier emergency declaration under the Public Safety Preservation Act (PSPA) following a reported incident at Glenview. Officers were called to an More

Surf club rises from the ashes to reach milestone

A club that almost collapsed after its clubhouse was destroyed by fire is poised to mark a special anniversary. Dicky Beach Surf Life Saving Club, More

Your say: units proposal, caravan parking and more

Do you have an opinion to share? Submit a Letter to the Editor at Sunshine Coast News via news@sunshinecoastnews.com.au. You must include your name and 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 hidden when viewing the form
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share