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.

Sami Muirhead: horsing around in exotic places

The thing I love about travel is the fact that horrible memories get better over time. Often the worst memories turn into the funniest ones More

Vehicle identified after teenager struck

Police have released vision of a vehicle believed to be linked to a hit-and-run that left a Sunshine Coast teenager seriously injured, as investigators More

‘Overlooked’: region’s mega projects dealt major blow

Sunshine Coast MPs have expressed their dismay after the region's major projects were shunned in the federal budget, while the local council has vowed More

Landmark CBD site eyed for four-tower overhaul

The transformation of one of the region’s major CBDs is accelerating, with a four-tower apartment and retail project proposed for a landmark site only More

Esplanade upgrade plans open for public feedback

Noosa Council is calling for community feedback on proposed upgrades to a busy coastal pathway corridor. The proposed improvements relate to Hilton Esplanade in Tewantin, More

Mexican fast-food chain opens drive-thru restaurant

A prominent Mexican fast-food chain has opened a venue within one of the Sunshine Coast's fastest-growing areas. Guzman y Gomez launched its drive-thru restaurant at 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