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.

Camping and caravan park hits the market

A Sunshine Coast camping and caravan park with a connection to Australia’s transport history has been listed for sale. No 2001 Old Gympie Road, which More

Main street upgrade set to get underway

Construction on a major upgrade of a hinterland town's CBD is set to start next month. Sunshine Coast Council has appointed Kuluin-based contractor Disc Landscapes More

Airport CEO to depart amid ongoing growth

The Sunshine Coast Airport's chief executive officer will step down later this year, after steering the facility through a significant phase. Chris Mills said it More

New firefighting capability faces years-long certification wait

A dispute over the certification of a new aerial firefighting capability is continuing between aviation regulator CASA and Sunshine Coast-based operator Transall Tankers. Nearly 12 More

Engines ready to roar at beachside event

The sound of rumbling engines and classic rock has rolled into the Coast as one of the region’s biggest annual events revs up for More

Sami Muirhead: our sanctuary under threat

The dogs are barking very aggressively. “I think someone is in our house.” These are the words I spoke in a frightened whisper to 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