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.

A cut above: landscape projects earn state honours

Three standout Sunshine Coast landscape designs have been celebrated with state awards. The Caloundra Community and Creative Hub, Wallumburn at Lake Cooroibah and The Green More

Dawson’s final murder appeal rejected by High Court

The case of Lynette Dawson's disappearance and murder has been closed after more than four decades as the High Court refused to entertain her More

Urgent $20m package unveiled to ‘close gaps’ in island

The state government has unveiled a bold $20 million "emergency intervention" package to tackle erosion and protect communities affected by changes to Bribie Island. The More

Two men face child exploitation charges

Two men have been charged with child exploitation offences after police raids on two residences on the Sunshine Coast. A 49-year-old Nambour man was on More

Jane Stephens: the facts, plain and simple

Mincing words is overrated. Bamboozling people with purple prose is overdone. Using weasel words is just plain rude. The clouds have gathered in our lexicon and More

Seawall set to be built at battered section of coastline

A new seawall is set to be constructed along a besieged stretch of foreshore on the southern end of Golden Beach. There are plans 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 hidden when viewing the form
This field is for validation purposes and should be left unchanged.
[scn_go_back_button] Return Home
Share