Meaning of stepchild when contesting a will

Inheritance in domestic relationships and stepchildren

stepchild, family provision, testator's family maintenance, A stepchild’s eligibility under the statutory rules for seeking provision from a step-parent’s deceased estate can be difficult.

In a Victorian case1 the executor of a deceased estate applied to the Supreme Court to have a claim for family provision dismissed.

The claim was brought by the adult daughter of the deceased’s former domestic partner, who had died some years before.  She had been left out of his will, despite assurances and promises to the contrary. The deceased had left everything to his new domestic partner.

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Stepchild contesting a step-parent’s will – Queensland

stepchild, willshub, step-parent, family provision,When a stepchild has been left out of the will of a deceased step-parent

In a Queensland case1 a stepchild sought provision out of the estate of his step-mother, a widow.  Her husband, and the applicant’s father had pre-deceased her. She had no children of her own, that is no natural children, so no descendants: only the applicant her step-child, and he was an only child.

Before the applicant’s father died, he and his wife each made wills in similar terms.  Basically these were all to each other, then on the first to die, in equal proportions to the the applicant and a nephew.

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