As a stepchild, you are automatically entitled to inherit from your step-parent’s estate. However, it is possible for a stepchild to be denied their inheritance if they do not make a claim against the deceased’s Will. In order for this to happen, however, there must be evidence that the Will was not made in good faith or does not comply with probate law. Speak with Will Lawyers Melbourne to carry the process legally.
Who is the eligible person to contest step-parent’s Will?
Who is the eligible person to contest step-parent’s will? The step-child, step-grandchild and step-nephew or niece can contest the will. You must take the help of Will Lawyers Melbourne in these cases.
A step-child can contest the will if: -The parent dies before the child reaches 18 years of age. -The parent disinherits the child because he or she married without their consent. -The parent disinherits the child because of a divorce from their previous spouse.
The parent disinherits the child because the parent remarried and their new spouse adopted the child.
The parent disinherits the child because of a divorce from their previous spouse. -The step-grandchild can contest the will if:
Who is considered a stepchild for the purposes of making a claim?
The definition of “stepchild” for the purposes of making a claim can be difficult. If you are considered a stepchild, then there are two scenarios:
- You are a stepchild who is not named in the Will or any other document prepared by your deceased parent or parents;
- You are a beneficiary under their Will.
In both cases, you will still be able to make a claim for inheritance from your parent or parents. However, there are some key differences between these two scenarios.
If you are not named in the Will, then you will have to make a claim on the estate under Section 4 of the Intestate Succession Act. In this case, your parents must have died without having made any other provision for you and they must also have had no children who survived them.
What factors are considered when contesting my step-parent’s will?
When preparing to contest a Will, the focus should be on whether the stepchild was treated as part of the family and whether they were financially dependent on the deceased.
If your step-parent had no other children, it’s likely that you will have an easier time challenging their will. This can be done by showing that you had a close emotional relationship with them and as such, you should be entitled to inherit some or all of their estate under intestacy rules (i.e., state law).
However, if your step-parent did have other children who were eligible for inheritance under intestacy laws then it won’t be as easy for you to contest their wishes in court.
In these cases it is important that you discuss your options with an attorney specialising in wills and estates law so they can advise you on what conditions need to be met before challenging someone else’s last will and testament through legal means.
Conclusion
It is important to know your rights and how you can contest your step-parent’s Will. You should seek legal Will Lawyers Melbourne advice if you are unsure of what to do or have any questions about contesting a will.
