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.

Celebrate Queensland spirit with sport, family activities

Queenslanders are invited to celebrate the state’s heritage at a free, family-friendly community event on the Coast. QLD Day celebrations will take place at the More

B2B: self-managed super fund flexibility

Self-managed superannuation funds (SMSFs) can offer significant flexibility. They allow the members to make investments and enter arrangements that may not be available through retail More

Council lifts rates and confronts ‘beyond its means’ spending

Sunshine Coast Council has unveiled its 2026/2027 budget, increasing rates and tightening its belt after "significant operating deficits" were identified. Mayor Rosanna Natoli said the More

Police appeal following infant’s serious injuries

A nine-week-old boy remains at the centre of a police investigation after being admitted to intensive care with serious head injuries. Detectives are appealing for More

Police issue dozens of fines in beach safety crackdown

A major police operation has resulted in dozens of fines being issued and several impaired drivers being taken off the road. Police and rangers carried More

Readers invited to have their say in SCN audience survey

Sunshine Coast News (SCN) is asking our loyal readers to help us deliver more free and independent news by completing an anonymous market intelligence 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