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.

Appeal lodged over refusal of backpacker complex

A court appeal has been launched after a proposal to develop backpacker accommodation for 48 guests was rejected. Mathew and Stephni Haydok have appealed to More

Lease pressures mount as small businesses navigate rising costs

Small business owners in some of Noosa’s most popular commercial precincts are facing mounting financial pressure, with typical leases along Gympie Terrace and Noosa More

Residents help shape plan for multi-faceted park

A concept plan for a new district park with four distinct areas is being refined after strong community input, with almost 160 submissions helping More

Cyclists take on gruelling challenge for kids in care

Cyclists are set to take on some of the region’s toughest hills in the 76km Buderim9 Challenge on November 23, raising money for The More

Ashley Robinson: the dogged pursuit of the truth

There is an old saying: “Men occasionally trip over the truth. They quickly get up, dust themselves off and pretend it never happened.” I reckon More

Teen charged after e-bike crash kills eight-year-old

A teenager has been charged over an e-bike crash that killed an eight-year-old boy and sparked calls for law reforms. The 15-year-old boy was arrested 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