In Western Australia, long-awaited amendments to the law to
allow step children to claim against the estate of a deceased
step-parent are a step closer but not yet operative.
For many years, each State has had legislation allowing spouses,
children, parents and in some cases former spouses or
grandchildren, to challenge a will or the distribution of an estate
to claim for their proper maintenance, support, education or
advancement in life. Such claims are a fertile source of litigation
in the Supreme Court.
While stepchildren are increasingly common in blended families
these days, they are not treated equally under inheritance laws.
The relationship of stepchild and step-parent may be as close, or
sometimes closer, than the relationship between parent and natural
child, yet the right of such children to seek increased provision
from the estate of their step-parent varies between each State and
Territory.
