Mullane & Lindsay SolicitorsCan my step child contest my Will? - Mullane & Lindsay Solicitors

Can my step child contest my Will?

Posted on August 10th, 2018

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Can my step child contest my will?When people talk about contesting a will, they are talking about family provision claims. Under the Succession Act, only certain classes of people are eligible to make a family provision claim. These are:

  1. a spouse;
  2. a de facto spouse;
  3. a child;
  4. a former spouse;
  5. a person who was
    1. wholly or partially dependant on the deceased at any particular time; and
    2. either a grandchild or a member of the same household as the deceased at any particular time; or
  6. a person in a close personal relationship with the deceased.

A step child does not fall within the definition of a child for the purpose of a family provision claim. However, this does not mean a step child is necessarily barred from making a claim as they could fall into category 5.

Your step child will be an eligible person to make a family provision claim against your estate where he or she has lived in your household at any particular time in your life and has been at least partly dependant on you during any particular time in your life. It is not necessary that he or she was dependant on you at the same time as living with you, they can be at different times. Furthermore, he or she does not have to have been financially dependent or you, it can be any form of dependence.

Lana Black, Solicitor at Mullane & Lindsay Solicitors, NewcastleLana Black is a Senior Solicitor at Mullane & Lindsay Solicitors and practices extensively in Estate Planning and Administration. If you require any assistance in this area please contact Lana Black to arrange a consultation or contact our Newcastle office.

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