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.
Court costs in contesting a will may run into thousands.
If you are thinking of making a claim for family provision under a will, despite all efforts to find a solution, including mediation, don’t assume that your costs will be paid out of the estate; at least in New South Wales. What happens depends on individual circumstances.
In recent years the New South Wales Supreme Court has made it clear that the expectation that the costs of making a family provision claim will automatically be paid out of the estate, has been “thoroughly discredited.”1