Stepchildren and Inheritance: Preventing Problems for Stepchildren

It is not uncommon in modern families for there to be a blend of biological, step and sometimes adopted children. When it comes to inheritance, however, stepchildren are not treated the same as other children.

Contesting a Will as a stepchild

If left out of a Will, or inadequately provided for, children usually claim the deceased parent’s estate. Stepchildren, however, are not explicitly mentioned in NSW law as being eligible to make a family provision claim. For a stepchild to make a successful claim, they must demonstrate they were wholly or partly dependent on the deceased and were, at any time, a member of the same household as the deceased.

While there are no specific rules regarding these household and dependency requirements, the longer the time spent as part of the household and the greater the extent of the dependency, the stronger will be the case for a claim. Any claim will be considered in all the circumstances and in relation to other claims on the estate.

Intestacy and a stepchild

Under the rules of intestacy, stepchildren are not provided for at all. They are not recognised as an “issue” of the intestate unless they were legally adopted. However, in the right circumstances, they may still be able to make a family provision claim.

Contact our Wills and Estate Planning Lawyers in Sydney, NSW

If you need advice on contesting a Will, making a claim on an intestate estate, or estate planning, contact Szabo & Associates Solicitors. Please call us on 02 9281 5088 or complete our online contact form.