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.

Discount retailer to shut doors despite growing trade

A discount retailer is preparing to close one of its two Sunshine Coast stores after eight years of trading. Silly Solly’s Sunshine Coast franchise owner More

Farewell to ‘Golly’, a cop’s cop and comfort in crisis

Seven months after illness forced him to surrender the job he loved, former Queensland police commissioner Steve "Golly" Gollschewski has died of cancer at More

‘Gone too early’: warrior Steve Irwin’s enduring legacy

Twenty years after Steve Irwin's sudden death, a man who wrestled crocodiles with him for a living still can't talk about it without choking More

Popular trail closed as landowners, council clash

A popular hinterland trail has been closed indefinitely amid a dispute between property owners and the local council over alleged trespassing and access across More

Eight-level development proposed for former medical site

A former medical site in a key CDB location could be redeveloped under plans lodged with Sunshine Coast Council. The site at 72 Duporth Avenue, More

Aussie wildcard into US Open’s last 32

Diminutive Dane Sweeny has won a real-life David-versus-Goliath battle to rock the US Open with a stunning second-round upset over dual grand slam semi-finalist 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