Can A Step-Child Contest Their Step-Parents’ Will? Pro Sydney Lawyers

According to the best Will lawyers in Sydney, a parent can leave the majority of their estate or the estate entirely to their biological children or a new spouse. As a step-child, you may feel your step-parent had an obligation to provide for you. This feeling can get even more intense if the step-parent has benefitted from the step-child’s biological parents before passing away.

So, as the step-child, can you contest your step-parents’ Will if something similar happened? 

Jump into the following section to find out!

Can A Step-Child Contest The Will Of Their Step-Parents: Asking Pro Sydney Lawyers!

The laws and regulations of contesting a Will can vary from state to state. In Queensland, you are eligible to challenge a Will if you are a

1. Child of the deceased, including adopted and step-children,

2. Spouse, including de facto spouse,

3. You were financially dependent on the departed at the time of their death.

If your biological parents left their estate to your step-parent, but the step-parent didn't make provisions for you in the Will, you can bring a family provision.

Who Is A Step-Child According To The Law?

To successfully make the provision claim, you must ensure that you fit the definition of a step-child. The best estate and Will lawyers in Sydney highlight that according to Succession Act 1981, you can be a step-child if:

1. You are the child of a spouse of the deceased, including de facto spouse,

2. The relationship between the step-child and step-parent did not end.

What May End A Relationship Between A Step-Child And Step-Parent?

According to the best Sydney estate lawyers, the relationship between a step-parent and a step-child can end if:

1. The departed person and the parent of the step-child divorce or end their de facto relationship,

2. The dead person and the step-child’s parents terminate their civil partnership.

Factors To Consider When Contesting Your Step-Parents’ Will

According to lawyers specialising in Will, a step-child can contest the Will of their step-parent by applying for provision. A proper provision depends on several factors, including:

1. Your ability to meet your financial responsibilities,

2. The amount necessary for your survival and maintenance,

3. The size of the deceased’s estate,

4. Other competing claims on the estate,

5. The relationship between you and the deceased,

6. Your standard of living,

7. How you have conducted yourself during your step-parents’ life,

8. The wishes of your deceased step-parent. 

What If Your Step-Parent Died Without A Will?

When a person dies intestate (without a Will), whoever is appointed as the estate administrator or to take control, must bring an application for the Letters of Administration on intestacy to the Court.

According to the best Sydney Will and estate lawyers, generally, the Court distributes the estate to the closest next of kin to the deceased (their spouse and children).

However, in many places like Queensland, a step-child can’t be the administrator of a step-parent’s estate. And they may not be entitled to receive a share of the estate in the case of intestacy.

You have to be legally adopted to be recognised as an ‘issue’, which means a person’s blood-relative, lineal descendant. Yet, as a step-child, you can make a family provision claim if your step-parent didn't have a Will.

Final Thoughts

The rules of intestacy and family provision claims can be complex to comprehend. Hence, look for the best Will lawyers in Sydney near you. They can deliver personalised solutions based on your legal issues and save you from making costly errors.