If you are a stepchild and you feel you were not fairly provided for by someone with whom you have a family relationship with, or someone that you were dependent on, you may have the right to make a family provisions claim in QLD.
Our dedicated and experienced Family Provision Lawyers team, at O’Connor Ruddy, and Garrett, will ensure that you have all the necessary information to make your family provisions claim.
What is a family provision claim: How does it work?
Along with the help of your family provision lawyer, there are a few steps you will need to take to get your family provision claim underway.
*These timeframes are Queensland specific; as part of step 1 investigations, it ought to be identified the relevant jurisdiction for your potential claim, and the timeframes relevant to that jurisdiction.
Who can make a family provision claim on a deceased estate?
Under the Queensland Succession Act 1981 the following people can make a family provision claim on the deceased estate:
A spouse, which includes:
- A de-facto partners
- A civil partner and in limited circumstances
- An ex-husband or wife
A child, which includes:
- Biological children
- Stepchildren; and
- Adopted children
A dependent; Which is a person being wholly or substantially supported by the deceased person at the time of their death.
Are stepchildren legal dependents in QLD?
A step-child is a legal dependent of a deceased step-parent if at the time of death, the deceased is still married to the biological parent.
What are the inheritance rights for stepchildren in QLD?
As long as there was no formal end to the relationship of the step-child’s biological parent and the step-parent, the court still sees the child as a step-child of the deceased person.
What will the courts consider when you are making a family provision claim?
In order for your claim (related to wills and estates) to be successful, you have to prove that you have not been provided adequate provision from the estate. Estate disputes are unique and depend on many factors. Generally, the Court will consider five things when determining your application:
- Your financial position.
- The financial position of the other beneficiaries.
- The size and nature of the deceased estate.
- The totality of the relationship between yourself and the deceased.
- The relationship between the deceased and the other persons who have a legitimate claim on the estate.
This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please let us know. Liability limited by a scheme approved under professional standards legislation (personal injury work exempted).
