Denied her inheritance by her stepmother: Kerry’s story

Kerry had always believed her father’s legacy would help secure her future, a promise he made clear throughout his life.

When her father passed away, Kerry was shocked to learn all his assets had been transferred to his second wife - her stepmother.

Kerry held onto hope. However, following her stepmother’s passing last year, that hope began to fade. No lawyers reached out to her. No updates came her way. The silence from her stepsiblings was deafening, leaving her in a state of confusion and despair.

Determined to uncover the truth and reclaim what she believed was rightfully hers, Kerry turned to Maurice Blackburn for legal help, hoping we could help her navigate the challenges surrounding her father’s estate.

Kerry’s journey

Kerry’s mother and father separated when she was a child. As part of their family law settlement, her father made a commitment to provide for Kerry following his death.

When Kerry’s father remarried during her teenage years, her stepmother brought her own children into the family. Despite the changes, the family grew close and enjoyed each other’s company, often attending birthdays and, eventually, weddings when they reached adulthood. These moments built a bond that made Kerry feel part of a connected and supportive family.

It was always Kerry’s understanding that her father intended to divide his estate fairly: half would go to her and the other half to her stepsiblings.

When her father passed away, Kerry was blindsided to learn that all his assets had been solely passed to her stepmother in accordance with the right of survivorship.

This right of survivorship meant that as Kerry’s father and stepmother were joint owners of assets such as property and bank accounts, Kerry’s father’s interest was passed to the surviving owner, Kerry’s stepmother. This now meant that Kerry’s stepmother was the sole owner of the assets and, as such, gained full control of where they would be distributed.

Kerry and her stepmother lost contact after her father’s death, leaving her feeling increasingly distanced from the family she had once felt part of.

Several years later, Kerry learned that her stepmother had also passed away. No one reached out to Kerry, and she grew concerned when she didn’t hear from her stepsiblings. She started to fear that she had been completely excluded from any Will prepared by her stepmother.

Feeling uneasy, Kerry raised the concern with her mother, who then revealed a document signed by her father when they divorced – proof of the promise he made to provide for her. 

"That’s not what my dad would’ve wanted. I know that.
It was about being recognised. I didn’t feel like I was part of my dad’s family for a little while there.”

Legal support

Armed with this critical document and knowing she had to act fast, Kerry called Maurice Blackburn Lawyers, seeking support from the Wills and Estates team to find a path forward.

Kerry booked a 30-minute obligation-free consultation with a member of our team, who helped her obtain a copy of her stepmother's Will and a grant of probate.

We assisted Kerry in commencing a family provision claim, also known as a Part IV claim, to seek further provision from her deceased stepmother’s estate. We took on Kerry’s case on a no-win, no-fee basis.

"Kerry’s case is quite common of a stepchild. A blended family may make a Will together and agree to go 50/50 between each child, but there’s nothing they put in place to stop the survivor from changing their Will and removing their stepchild"

Our team guided Kerry through every step of the way, giving her the peace of mind she needed as we worked to secure her rightful inheritance.

Today, Kerry feels content and grateful knowing that her father’s wishes were honoured, and that Maurice Blackburn Lawyers was by her side throughout the journey.

If you find yourself in a similar situation, Kerry’s story highlights the importance of seeking help early. Will disputes and estate claims have strict time limits, and delaying action could affect your rights. Speaking to an experienced legal team can make all the difference in helping you understand your entitlements and finding justice.

If you feel that you have been unfairly excluded from a Will, we can help. Contact us for a confidential chat with our Will Disputes team.

Family provisions claims

A Family Provision Claim, also known as a Part IV claim, is a legal action that allows eligible people to contest the distribution of assets in a deceased person’s Will, particularly if they believe they haven’t been adequately provided for or have been left out entirely.

When a person prepares a Will, it's their right to decide who inherits their assets after they die. But in Australia, we also have laws to protect eligible people left with little or nothing in a Will.

You're generally eligible to contest a Will if you fall into any of these groups:

• spouses including de facto partners (current or former spouse if they were eligible to bring family law proceedings or have unresolved legal proceedings against the deceased)
• children (including stepchildren and grandchildren in some instances)
• anyone who is dependent on the deceased (this differs from state to state).

The laws surrounding Will disputes are complex and vary from state to state. It's essential to speak with an expert Will dispute lawyer who has industry knowledge and local experience.

Time limits for contesting a Will

The most important part of contesting a Will is to get started early. Organizing what you need to make your claim can take time, and you don’t want to miss any of the strict time limits that apply.

Generally, you have between 6 and 12 months (depending on which state you're in) following the date of death or the date probate was granted to lodge your claim.

No Win, No Fee*

For our Will dispute clients with eligible circumstances, we offer a No Win, No Fee* arrangement. This means if we are unsuccessful, you will not need to pay our legal fees.

It also means if we are successful, your fees will generally be ordered to be paid out of the Estate - again meaning you will not be out of pocket.