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.

Seminar targets aged care system confusion

A free community seminar aimed at helping seniors navigate Australia’s new aged care system, the Support at Home program, is being offered to the More

Family’s backyard caravan rental turns into $2.5m company

A Sunshine Coast woman has turned a modest side hustle into a thriving caravan hire business generating millions in revenue. What started as a way More

Four rescued after boat capsizes off coast

Four people have been rescued by a helicopter after their boat capsized off Inskip Point. The Sunshine Coast-based LifeFlight helicopter was tasked by Retrieval Services Queensland and More

Your say: motorway plan, waste solution 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

Developer’s tribute to iconic farm ahead of construction

A developer has revealed a lasting tribute to a renowned farm that will make way for hundreds of dwellings. QM Properties revealed that its large-scale More

Murder charge after woman dies in ‘crash with kangaroo’

A man is accused of murdering his partner after allegedly telling police she was injured in a car crash with a kangaroo on an 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