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.

Woman winched from cruise ship

A woman in her 70s has been airlifted to hospital in a critical condition after a medical emergency at sea. The Sunshine Coast-based LifeFlight aeromedical More

Eight-storey apartment plan approved

A residential project is set to reshape a site in a busy coastal precinct. Sunshine Coast Council has given the green light to a 16-unit More

Calls intensify for safety measures at main bus station

The Transport Workers’ Union has called for “immediate action” to improve safety at a town centre bus stop after incidents involving groups of youths. The More

Surf club defends pig racing fundraiser

A Sunshine Coast surf club is standing by plans to hold a pig racing fundraiser, saying the animals will not be forced to run. Kawana More

Fireworks a ‘banging’ addition to Christmas tradition

A popular festive season event is set to “go off” this year, with fireworks featuring in the program for the first time. Sunshine Plaza’s annual More

Future of $350m tourism project unknown

A long-awaited water park and resort project looks set to be shelved for the near future with property's new owner exploring alternative opportunities for 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