When Can Step-Children Contest a Will in Victoria? Five Common Scenarios
What you need to know
The number of blended families has never been greater. And with blended families, it is common for a step-parent to exclude or limit provision to stepchildren from his or her estate. If you are a stepchild in that position this is what you need to know about contesting a Will.
Five Scenarios – Stepchild Eligibility to Contest Will
1. Natural parent (mum/dad) re-marries. Relationship continues to natural parent death. Step-parent then deceases.
You are eligible to contest Will/estate of step-parent.
2. Natural parent (mum/dad) re-marries. Relationship continues to step-parent death.
You are eligible to contest Will/estate of step-parent.
3. Natural parent (mum/dad) has relationship with a domestic partner but unmarried. Relationship continues to natural parent death. Step-parent then deceases.
You are eligible to contest Will/estate of step-parent.
4. Natural parent (mum/dad) has relationship as a domestic partner but unmarried. Relationship continues to step-parent death.
You are eligible to contest Will/estate of step-parent.
5. Natural parent (mum/dad) re-marries or has a domestic partner relationship. Marriage/relationship ends before natural parent death or step-parent death.
You are not eligible to contest Will/estate of step-parent because your stepchild status ceased on the marriage/relationship ending
Six Key Matters Relevant to the Strength and Value of Your Stepchild Contest Will/Estate Claim
1. Were you part of your natural parent (mum/dad)/step-parent household as a dependent child/adult?
If yes, that fact helps your stepchild contest Will/estate claim.
2. Did you maintain a relationship with your step-parent until he or she deceased?
If yes, that fact helps your stepchild contest Will/estate claim.
3. Did part or all of your natural parent’s estate go into and form part of your step-parent’s estate?
If yes, that fact helps your stepchild contest Will/estate claim.
4. Do you have a financial need for provision for your proper maintenance and support?
If yes, that fact helps your stepchild contest Will/estate claim.
5. How big is the estate?
The larger the estate the greater the amount of stepchild contest Will/estate provision you may get.
6. What are the competing financial needs of the named/entitled beneficiaries?
If the named/entitled beneficiaries have a lesser financial need than you, that fact helps your stepchild contest Will/estate claim.
Find out more about stepchild contest Will claims.
Talk to one of our stepchild contest Will lawyers now about your claim. Galbally & O’Bryan is one of Victoria’s leading stepchild contest Will law firms. We offer a free first consultation over the phone and “no win no fee” terms.
Partner Andrew O’Bryan and Senior Associate Carl Wilson are expert Will contest lawyers. Andrew and Carl will review your case and provide clear, easy to follow advice and take action to give you the best possible outcome.
We have offices at Melbourne, Dandenong, and Pakenham.
Contact us by email or phone on 03 9200 2533.
How to contact our Will Contest Lawyers
Contact our Wills & Estates lawyers
Andrew O'Bryan
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533 I M 0400 469 704
E aobryan@galballyobryan.com.au
Carl Wilson
Galbally & O'Bryan
Lawyers
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E cwilson@galballyobryan.com.au
Melbourne Office
259 William Street
MELBOURNE VIC 3000
T (03) 9200 2533
E enquiries@galballyobryan.com.au
Dandenong Office
Shop 9/147-151 Foster Street
DANDENONG VIC 3175
T (03) 9769 2510
E dandenong@galballyobryan.com.au
Pakenham Office
Shop 1, 15 John Street
PAKENHAM VIC 3810
T (03) 5941 7990
E pakenham@galballyobryan.com.au