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Estranged children

Stepchild contesting a step-parent’s will – Queensland

stepchild, willshub, step-parent, family provision, In a Queensland case a stepchild was left out of the will of a step-parent. He subsequently sought provision from his step-mother’s estate. She had no natural children of her own. Her husband, the applicant’s father, had pre-deceased her. The applicant was her only step-child. In another situation a claim was brought by seven step-children for adequate provision out of their deceased stepmother’s estate.

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Illegitimate children, ex-nuptial children – can they inherit?

illegitimate children, ex-nuptial children, contest a will, challenge a will, inheritance, inheritIllegitimate children are those born outside of marriage, or out of wedlock, in older terminology.  These days the word “illegitimate” has largely been replaced in law by the term “ex-nuptial” – nuptial referring to marriage.  Either way, can an ex-nuptial child inherit from their natural parents?  Or contest a natural parent’s will for provision out of their estate? What if no will was left?  

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Family provision – who is eligible to claim from a deceased estate?

family provision, eligibile person, will, deceased estate, challenge a will, contest a will, In succession law the court has discretionary power under family provision legislation to order provision from a deceased person’s estate to “eligible” applicants and in certain circumstances. It is not automatic.

The legal rules were introduced to remedy situations where willmakers failed to leave adequate provision for close family and certain other dependents as defined. It is not for second bites at the cherry. The court has wide power in deciding who pays costs of proceedings.

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Entitlements & expectations

Farmland

In general terms, all property (real and personal property) to which a person is entitled at the time they die can be disposed of or given away in a will.