NSW Eligibilty of Step child

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Rachel666

Member
13 September 2019
4
0
1
Hi, are Step children automatically deemed eligible to claim against an estate? if yes would the weight of the claim lessen over time?. The party has no contact with their step parent - apart from adhoc sms messages checking if he is still alive and may see them maybe once a year if they both attend the same function..... the person I am enquiring for had previously been advised they could claim on his estate especially if he passed within 5-10 years of their mothers death. I think he had previously told them they would receive a gift when he passed as his wife's super fund refused to pay the proceeds ( not a big amount ) to her estate and paid him directly. As the child had no financial dependence they rejected his claim on the fund.... just wondering how all this would fit together in terms of a potential claim.... I have looked at the family provision act, but to me it is not clear....
 

Rachel666

Member
13 September 2019
4
0
1
Further to this, the step parent continues to reside in the family home of 30 years which was initially purchased by his deceased wife as part of her settlement with the step childs father. The step child did not reside with her/them at all and lived soley with his father with minimal contact over the years - and virtually none in the lead up to her death. He was further advised that if/when he passed he was still living in the family home this would be the crux of the step childs claim. Note at the time of his wifes death he did remortgage the house to provide for the financial settlement. I am thinking he has received dodgy advice ...........