There are important legal consequences if your step-parent dies without a will, creating what is known as ‘intestacy’.

Many people would not be aware of their rights in this situation and would be unaware whether they are able to contest the division of the estate. There are some situations where a step-child is eligible to share in the estate of the deceased.

This guide aims to explain the rights of step-children in intestacy in Australia and explore the options that may be available to them to contest the division of their step-parent’s estate.

In this guide the term step-child means a person whose parent has married some-one who is not their parent (i.e. they married the step-parent) and the step-child was never adopted by that step-parent.  The step-child may or may not have lived with their step-parent at some stage.

If your parent did not marry the person who you see as your “step-parent” the contents of this section do not apply to you.

Here are are some related articles:

• Can the rules of intestacy be contested by a step-child?
• Will I receive a share of my step-parent’s superannuation fund
• What if I’ve helped to pay the mortgage of the deceased’s house or led to believe that I would inherit it?
• What if I’ve helped to pay the mortgage of the deceased’s house or led to believe that I would inherit it?
• What does a step-child need to show to be successful in a family provision claim?
• Is a step-child eligible to make a family provision claim?
• Is a step-child entitled to receive anything from the estate under the rules of intestacy?
• I am a step-child of the deceased: can I be the Administrator of the estate?