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.

Dead whale washes up on beach

A juvenile humpback whale that washed ashore on the Sunshine Coast has been removed and towed 20 nautical miles out to sea after crews More

Discount giant joins CBD retail complex

A major discount retailer is preparing to open at a central Maroochydore shopping precinct that is undergoing a significant revamp. The Reject Shop has confirmed More

Councillor blasts development plan for airport’s old runway

A Sunshine Coast councillor has voiced his objection to a proposal for a large-scale development on airport land. Taylor Bunnag took to social media on More

Direct flights between coastal locations extended

Thousands more travellers will be able to fly directly between two Queensland holiday destinations. Jetstar announced on Wednesday that it will extend its Sunshine Coast-Cairns More

Security stepped up at shopping centre

Extra security has been put in place at a Sunshine Coast shopping complex throughout the school holidays amid reports of antisocial behaviour. Management for Peregian More

Pressure builds on industrial land

Recent research has highlighted the growing strain on the Sunshine Coast’s industrial sector. The Industrial Land Supply and Vacancy Outlook 2026 found industrial sites across 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