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.

‘Exceptional diversity’: Coast music awards finalists announced

Contenders for regional music awards celebrating the best artists, live music venues and industry figures have been made public. The Sunshine Coast Music Industry Collective More

Motorcyclist seriously injured after crash

A motorcyclist has been taken to hospital after a serious crash involving an SUV at Palmwoods on Sunday night. Emergency services were called to Woombye More

Service station beside motorway proposed

A new development application has been lodged for a service station alongside a busy section of the Sunshine Motorway, after one was rejected four More

Major high-rise proposal takes shape for prominent site

Plans have been lodged for a major mixed-use redevelopment of a high-profile central Coast site. Sunshine Coast developer Devcon Property Group has submitted an application More

Private park opens to public after planning dispute

A privately owned park near Maleny that was at the centre of a planning dispute has opened to the public, with its owner defending More

MP pushes funding for ‘must-have’ projects

A Sunshine Coast MP has called on the Australian government to back the Sunshine Coast in the Federal Budget, or the region "will continue 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