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.

Homes line up to host Olympic visitors amid hotel crunch

Mum-and-dad home owners are set to strike 2032 Olympic gold, turning spare rooms into Games success because of a major hotel shortage, including on More

Sisters’ sandwich store sells out in opening weeks

Three sisters who recently opened a Sunshine Coast sandwich shop say they have sold out on multiple occasions within their first few weeks of More

Olympic pathway concerns spark call for sports facility overhaul

The Sunshine Coast’s only deep-water diving facility is facing calls for a major upgrade amid concerns young athletes could increasingly leave the region to More

Fans invited to Maroons training as series beckons

Queenslanders have been invited to watch the Maroons train on the Sunshine Coast ahead of State of Origin game one. Eager footy fans can watch More

Jane Stephens: the common spud is no dud

It is easy to take the simple potato for granted. It sits in dark places, often covered in dirt, waiting to be fried, roasted, More

Iconic eco retreat changes hands

A renowned eco-tourism destination has been acquired by one of Australia’s biggest regional tourism and accommodation companies. Habitat Noosa Everglades EcoCamp, an award-winning nature-based location 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