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.

Simple window changes to beat summer heat

Modern Coast homes and classic Queenslanders both use large glass windows for natural light. Through humid summer months all that glass lets in serious More

Police investigate suspicious vehicle fire

Queensland Police have declared a crime scene after responding to a vehicle fire at the southern end of the Sunshine Coast. Police and emergency services More

Buddhist temple approved on rural-zoned land

Plans for a new place of worship have been approved on the Sunshine Coast. A Buddhist temple will be established at 180 Landershute Road, Landers More

Dog owners rally against ‘complex’ rules

More than 1100 people have backed a petition challenging what organisers describe as “increasingly restrictive” dog rules on the Coast. The petition calls on Sunshine More

Falcons’ unfinished business in ‘David and Goliath’ final

The Sunshine Coast Falcons will finally return to the Queensland Cup grand final this weekend, almost a decade after missing a golden opportunity to More

Enterprises celebrated for years of success

A handful of select businesses will soon reach the pinnacle of a regional business awards program. Advanced Aquarium Technologies, Sunny Rays Catering, Laguna Pest Control 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