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.

Man allegedly arrested with firearm, taser and drugs

A man is facing firearm and drug charges after being arrested on the Sunshine Coast on Saturday. It will be alleged that police received reports More

Coast woman injured in crash as police seek witnesses

Police are appealing for public assistance as part of an ongoing investigation into a traffic crash in Maryborough that injured a Sunshine Coast woman. Just More

No thyme to waste: herb giant expands with eco upgrade

A leading herbs and spices company has opened a high-tech waste treatment system at its Sunshine Coast production site. McCormick Australia, which owns the renowned More

Stern warning: crackdown looms on lifejacket laws

Boaties who fail to wear lifejackets in high-risk conditions could cop fines of at least $333 from this week, after new safety laws were More

Council announces leadership shake-up 

Sunshine Coast Council has unveiled a new executive leadership team after a nationwide recruitment process attracted more than 500 applicants. Debra Robinson, Jodie Fielding, Jane More

School grounded in history to celebrate milestone

A Sunshine Coast school that was established to serve the families of the region’s early woodcutters is set to reach a remarkable milestone. The Tewantin 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