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.

Popular eatery makes way for approved 160-unit development

A much-loved restaurant in the heart of a Sunshine Coast town is closing down, amid plans to build a multi-storey apartment block in its More

Strong demand drives rapid land sellout

Shares in a major new residential development 58km north of Noosa were snapped up by investors within hours after an investment fund tied to More

‘Moving and meaningful’: Anzac Day services across the Coast

This Saturday the country will stop to remember the sacrifice and bravery of Australian and New Zealand servicemen and servicewomen, past and present. As the More

‘Privilege’: charity celebrates 40 years of service

A local mobile food delivery service for seniors, people with a disability and their carers has clocked up four decades in operation. Coolum Beach Meals More

Crews relish record-breaking dragon boat event

Dragon boat enthusiasts are savouring the sport's biggest ever Australian championships, held on the Sunshine Coast. Participants from 77 clubs around the country attended the More

Big win for Coast grassroots music festival

A Sunshine Coast hinterland festival has claimed one of Queensland’s top music awards, with organisers pointing to its volunteer-led model as the reason it 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