Hi there. If a person dies without a will (called ‘intestate’), then their assets and debts (their ‘estate’) will be distributed according to a fixed set of rules under the Succession Act 2006 (NSW). These rules are complex, especially if the deceased person had children to multiple spouses during their lifetime.

As a general rule, a stepchild does not have an automatic right to receive a share of their stepparent’s estate if the stepparent died without a will. However, in some circumstances, a stepchild may be eligible to make a ‘family provision’ claim to a portion of the estate. To be eligible, a stepchild must prove they were wholly or partly dependent on the deceased person or were a member of the deceased person’s household.

An application for a ‘family provision’ order must be made to the Supreme Court of NSW within 12 months of the date of death. An applicant must prove that the statutory rules that apply when there is no will do not adequately provide for the applicant’s proper maintenance, education or advancement in life. The court will take into account the nature of the relationship between the applicant and deceased person, the applicant’s current needs and any other relevant factor in the circumstances.

Suggested way forward

Succession law can be complicated, especially if there is no will or if there is disagreement between surviving family members. You should consider speaking to a wills and estates lawyer who can properly advise you of your legal rights. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.