Intestacy – Issues for Stepchildren


The contents of this page is general information only and should not be considered to be legal advice.  It does not take into account the many variations in the laws between the various Australian States.  You should obtain your own legal advice applicable to your own personal situation.  For information on the situation applying to individual download the relevant flow chart. VICNSWQLDWASA.


This section discusses the particular issues facing step-children on the death of their step-parent who has died without a Will (‘intestate’). In such a situation, most people may be unaware of their rights including whether they are able to make a claim against the Estate. Unfortunately, a step-child may suffer considerable hardship if their step-parent dies intestate. A step-child is not usually able to be the Administrator of their step-parent’s estate and will not be entitled to receive a share of the Estate under the rules of intestacy. The Estate will be divided between the blood relatives of their step-parent. In the future we will be covering the following topics:

Our Philosophy and Code of Practice

CWPL aims to give affordable first class service. We aim to resolve claims by negotiation and mediation, and take court action only if there is no alternative. As Australia’s Specialists in Contesting Wills™, we will devise a strategy to help you achieve a satisfactory outcome. CWPL’s philosophy is to offer inexpensive advice that provides a solution for you.

A Unique Service

Our specialised legal team are here to help You exercise Your Inheritance Rights. Offices in Melbourne, Sydney, Brisbane, Perth and Adelaide. For an initial, obligation free assessment of your claim, call Terry Johansson. CWPL’s No Win No Fee* plan offers full funding of all Your fees.  . Expert negotiators: We settle most claims without going to court.

Common Questions

CWPL can easily answer these common questions for You:

  • Is there really an intestacy if a Will may turn up?  Is the Will valid?
  • What happens if only some of the assets are covered by the Will?
  • How do I prove my relationship and calculate my entitlements?
  • How can DNA prove who are the children who are entitled?
  • Which assets pass under the intestacy, and which pass automatically to others?
  • If the Intestacy Rules do not provide for me, can I claim for more?

Contact Terry Johansson

CWPL: NOT a traditional law firm

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