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.
If, despite all efforts to find a solution, including mediation, you are thinking of making a claim for family provision under a will, don’t assume that your costs will be paid out of the estate; at least in New South Wales.