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.

Residents push for electorate boundaries shift

Residents within multiple towns are pushing for some state electorate boundaries to be moved to better reflect their local interests. Community members have called for More

New Monopoly edition showcases Sunshine Coast icons

Sunshine Coast residents can now 'buy, trade and sell' their favourite local landmarks in a new version of Monopoly. Players can land on Mount Coolum More

‘Grey spots’ spark call for phone network upgrades

A leading economic development group is urging Sunshine Coast Council to fast-track mobile telecommunications infrastructure, citing widespread reception problems across the region. The call from More

Plea for positivity as beach car park removal nears

A business group that initially opposed a proposal to overhaul a foreshore and remove a prominent car park is now urging people to 'be More

High-profile site with development approval for sale

A large site with development approval near the heart of the Sunshine Coast is on the market. The 3589sqm property at 2-10 Maroochy Boulevard – More

Survey seeks a name for new city centre suburb

Residents of a booming estate are being asked to come up with a name for a new suburb that will include its emerging city 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