Family disputes are surprisingly common when it comes to estate administration. The Will Challenge Lawyers see a wide range of claims against estates, whether it is a dispute over the will’s validity or a challenge to the fairness of its provisions. These disputes are heard by the Supreme Court of NSW, and our Sydney lawyers can help you prepare, including if you are a stepchild making an inheritance claim. Learn more about this legal process below.
Are Stepchildren Automatically Eligible to an Inheritance Claim?
Unlike biological children, stepchildren are not automatically eligible to file a family provision claim in NSW. If stepchildren were not included in the will, they must prove they were fully or partly dependent on the deceased and resided in the same household. This establishes the “factors warranting” an application, as outlined in the Succession Act 2006. By actively proving eligibility, stepchildren have a great chance of successfully contesting a will.
What Is a Family Provision Claim?
Inheritance dispute lawyers in Sydney help stepchildren and other potential beneficiaries file a family provision claim, which involves applying to the Supreme Court of NSW for a share or a larger share of a deceased estate. You may make a family provision claim as an eligible person who has been left out of a will, or if you did not receive what you believe you were entitled to. Claims must be filed within 12 months of the death.
How Can Stepchildren Secure Their Inheritance?
To secure inheritance as a stepchild, you need to meet the following eligibility criteria in NSW:
- Household member – you must have shared the same household as the will-maker at some point.
- Dependency – you must have been dependent on the deceased for living expenses or other regular financial support.
- Factors warranting – you need to provide compelling evidence to the court in support of the application, such as the quality of the family relationship, financial needs, estate contributions and moral obligations.
What Does the Court Consider for Inheritance Claims?
When reviewing stepchild inheritance claims, the court will review the history and closeness of the deceased’s relationship with the claimant, as well as their current and future financial requirements and level of self-support. The total value of assets in the deceased’s estate will also be evaluated, along with forms of financial or other contributions to the will-maker and their estate. If the stepparent formally adopts the stepchild, they are considered a legal child with a stronger claim, no longer needing to prove dependency and household ties.
How Can I Contest a Will in Sydney?
To contest a will in Sydney, it’s best to meet with a trusted legal professional who can oversee the timelines and requirements for a Family Provision Claim. Will, estate, and inheritance dispute lawyers in Sydney will help review your eligibility based on your family and financial relationship to the deceased. If there are any grounds for challenging the will, like undue influence or misunderstanding, that will be reviewed at this time as well.
Speak to a Sydney Legal Specialist About Protecting Your Inheritance
If you feel you need to claim an estate, The Will Challenge Lawyers in Sydney are here to help. Request a consultation where our trusted legal advisors will review your case and come up with a robust strategy to safeguard your inheritance.
