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.

Your guide to festive community events

Sunshine Coast streets, parks and beaches are set to sparkle with community-led festive events during the next month. Whether it’s chasing Santa’s surf boat, hunting More

Surf club cafe set to close as petition calls for reprieve

A beachfront coffee shop that has operated for 10 years is set to close next month, despite a petition being launched in a bid More

Flight path changes linked to new runway under scrutiny

Feedback is being sought on flight path alterations implemented due to the change of runway orientation at Sunshine Coast Airport more than five years More

Man charged over second illegal euthanasia death

The man accused of running an illegal euthanasia operation using a fake charity to access veterinary drugs has been charged over a second assisted More

Margaritas on the move as iconic Mexican spot relocates

After 30 years at one of Mooloolaba’s most recognisable dining spots, Montezuma’s is preparing to pack up its sombreros and move locations. The Mexican restaurant More

New active transport links open for public consultation

Sunshine Coast residents are being asked to help shape a series of new walking and cycling routes designed to make it easier and safer 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