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.

Major investment lays groundwork for thousands of homes

Significant funding has been announced for road and stormwater infrastructure expected to support thousands of future homes on the Sunshine Coast. The state government stated More

Demolition clears way for beachside tower

Demolition at a prominent beachside site has cleared the way for an 11-storey apartment tower approved to rise almost 5m above the current height More

Pedestrian and cycle bridge officially opens

A $27 million bridge across a lake has officially opened and is expected to help unlock a future town centre. Developer Stockland unveiled the Birtinya More

‘They saved my life’: 1.30am call delivers organ gift

A Sunshine Coast man who waited almost five years for a kidney transplant was given a life-changing call at 1.30am – but the organ More

Plans lodged for affordable housing project

A development application for an accommodation complex aimed at providing more affordable housing has been lodged with Sunshine Coast Council. The proposal would see two More

Police investigate crash involving pedestrian

Police are investigating a serious crash on a major road that left a woman with life-threatening injuries. Initial investigations indicate that a 44-year-old woman was 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