Can a step child contest the Will of a step-parent?

In contemporary Australian society, it is common that a child is a part of a blended family and as such the step child is often treated by the step parent as their own. This poses the question as to the standing of a step child in Estate law.
Although the law recognises testamentary freedom – that the intention of the testator should be carried out, a Will be can be contested in South Australia in accordance with the Inheritance (Family Provision) Act 1972.
Section 6 sets out the class of people entitled to bring forth a claim to a deceased’s estate. A step child falls within the class of people entitled to bring forth a claim however the success of the claim will be dependent on a number of considerations.

The claimant must prove that the deceased had a duty to provide for them in the Will, yet failed to make adequate provision for the claimant’s welfare and advancement in life.
When making a Family Provision Claim, you must demonstrate that you have been left without adequate provision for your proper maintenance, education or advancement in life.
In determining the provision the step child ought to receive, the matter is considered in light of the factual context. The considerations of the Court, include but are not limited to, the following:

• The claimant’s financial circumstances and that of their partner;
• The claimant’s health and medical circumstances and that of their immediate family;
• The claimant’s needs for the future;
• The claimant’s relationship with the deceased;
• The age of the step child / claimant, when they became a member of the family
• The provision made for the claimant by the deceased during their lifetime;
• The size of the estate; and
• The circumstances of any other person who is a beneficiary or entitled to make a claim.

Contact Culshaw Bishop Lawyers to discuss whether you as a step child will have a successful claim to the Estate.