NSW Rights of step mother VS biological children in property inheritance

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Muktan Shah

Active Member
27 July 2019
5
0
31
Hi guys,


So my biological father is divorcing my biological mother and will be marrying another woman. Now in the future when my dad passes away, what rights do I have as a biological son to his property or wealth? He has two biological children, myself and my sister. So do we receive 1/3 property each being me, my sister and my step mum (his new wife)? Or what are the provisions in NSW for my entitlement to his property? I've heard that if I don't have "reasonable enough money or property for survival" I can only then ask for a share in his estate and property in nsw? Is that true or not?


Can my dad leave a will to exclude his biological children not getting any of his property and then we children challenge that position in court?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,936
820
2,894
Sydney
It depends on whether or not he makes a will,
and what that will says.
There's also a thing called "family provision".