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....