Every family situation, and every Will, is different. There is no ‘one size fits all’ approach when it comes to estate planning, particularly if you are part of a blended family. Estate planning with a blended family adds complexity with how to provide for all family members in your Will – and also adds to the risk of misunderstandings, conflict, or even litigation when it comes to inheritance.

However, with careful planning and the right legal advice, you can take clear, proactive steps to reduce the risk of disputes after you are gone. Our experienced estate lawyers can help you navigate this process, offering tailored strategies that reflect your unique family structure and financial goals.

Types of Inheritance Disputes

In blended families, inheritance disputes often arise when biological and stepchildren feel unfairly treated under a will. There are different types of estate disputes. Possibly the most common type of inheritance dispute is a ‘family provision claim’. This usually happens where a family member (stepchildren, former spouses, and dependent partners) has been left out of a Will or feels that there is inadequate provision for them in the Will. If they are an eligible person, they can dispute the Will by bringing a ‘family provision claim’. The purpose of such claim is to try and get more than what was given to them under the terms of the Will.

A Will might also be disputed if there are concerns about how it was made. For example, a Will might be disputed when someone in the family believes:

  • The Will was improperly prepared, signed or witnessed;
  • The Will is a forgery;
  • The Will was made under ‘undue’ influence or duress; or
  • The Will-maker did not have capacity to make a Will.

Who can Dispute a Will?

A person can dispute a Will through a family provision claim if they are an ‘eligible person’. Generally, an ‘eligible person’ includes a partner or child of the deceased person. However, other people may be eligible to bring a claim (depending on the law of the state or territory) such as former spouses, stepchildren, grandchildren, parents, or a dependent living in the same household as the deceased.

However, a person will not automatically receive a greater inheritance from an estate simply because they are eligible to dispute the Will. If a dispute is brought for a greater share of the estate, the Court will consider various factors such as:

  • The nature of the relationship between the person contesting the Will and the deceased;
  • The financial circumstances, including earning capacity, of the person contesting the Will;
  • The financial circumstances, including earning capacity, of other beneficiaries;
  • Any physical, intellectual or mental disability of any of the beneficiaries;
  • The financial and non-financial contributions and support provided by the person contesting the Will, or other family members, to the deceased person;
  • The reliance of the person contesting the Will or other family members on the deceased person, both financial and non-financially; and
  • Any other matters the Court considers relevant.

It is important to note that there are also time limitations that apply to disputing a Will. In the ACT, an eligible person can bring a claim within 6 months after the date when a Grant for the administration of the estate has been issued by the Court (per section 8 of the Family Provision Act 1969). However, in NSW, an application for a family provision order must be made within 12 months from the date of death (per section 58 of the Succession Act 2006). The Court may choose to accept a claim made late; however, such extension of time is granted at the Courts discretion.

Blended Family Will Considerations – How To Prevent Inheritance Disputes

Effective estate planning can help protect your wishes and avoid inheritance disputes among your blended family after you are gone. There is no ‘one size fits all’ approach when it comes to estate planning for blended families. However, with careful planning and the right legal advice, you can take clear, proactive steps to reduce the risk of disputes after you’re gone. This might include:

  • Having a valid Will – ensuring that you have a properly prepared and executed Will is one of the simplest ways to reduce the risk of a dispute over your estate. Get in touch with our Will Layers in Canberra for Will advice and assistance.
  • Appointing the right Executor – your Executor is the person managing the estate, paying any debts and distributing your assets. Choosing the right person or persons to fill this role can help prevent disputes among your family and ensure that your estate runs smoothly.
  • Considering all assets – some assets (such as your superannuation) might not be dealt with under your Will. Your estate plan should consider and deal with all assets to ensure they are going where you intended.
  • Making your wishes clear – this can remove the ‘guess work’ in what you would have wanted, and may save your family from disputes in how to honour your wishes or carry out your Will. In addition to having a clear Will, you might like to prepare a letter to your Executor or family explaining your Will and the reasons behind it. This may may help to reduce the risk of a dispute if your family understands your reasoning behind your Will, and if there is a dispute this can be used as evidence of your intentions.
  • Considering potential claims on your estate – understanding who is eligible to dispute your estate and considering such claims in your estate planning can help avoid costly legal disputes after you are gone. Legal advice about the risk of a dispute over your estate can help you understand the risk, and put together an estate plan to manage that risk.

Our Wills and Estate Lawyers can help you draft a blended family will that minimises the risk of disputes and protects everyone involved. Whether you’re in a second marriage, have children from a previous relationship, or want to provide for stepchildren, we can help create a plan that reflects your wishes and reduces future legal challenges.

MV Law Canberra

Ph: (02) 6279 4444

Email: info@mvlaw.com.au