Chua Tan Associate Lawyers
  • Contact us
  • Practice areas
    • Australian immigration
    • Family law
    • Commercial law
    • Buying or selling a business
    • Commercial leases (tenants)
    • Property & construction
    • Criminal law
    • Civil disputes
    • Wills & probate
      • Do I need probate?
      • When a loved one dies
      • No Will? Letters of administration
      • Estate planning
    • Professional executor & trustee
    • Mediation in Australia
    • Notary public
    • Cross-Border Mediation Australia & China | Justin Chua
  • About us
  • Overseas clients
    • Malaysia
    • Singapore
    • Indonesia
    • Hong Kong & Macau
    • Taiwan
    • Thailand
    • Myanmar
    • For overseas lawyers
    • Private banks, trustees & family offices
  • en_AUEnglish (Australia)
    • zh_CN简体中文
    • zh_TW繁體中文
  • Legal blog
  • Book an online consultation
  • Online Fixed-Fee Divorce
  • Wills & estates fees
  • Contact us
  • Practice areas
    • Australian immigration
    • Family law
    • Commercial law
    • Buying or selling a business
    • Commercial leases (tenants)
    • Property & construction
    • Criminal law
    • Civil disputes
    • Wills & probate
      • Do I need probate?
      • When a loved one dies
      • No Will? Letters of administration
      • Estate planning
    • Professional executor & trustee
    • Mediation in Australia
    • Notary public
    • Cross-Border Mediation Australia & China | Justin Chua
  • About us
  • Overseas clients
    • Malaysia
    • Singapore
    • Indonesia
    • Hong Kong & Macau
    • Taiwan
    • Thailand
    • Myanmar
    • For overseas lawyers
    • Private banks, trustees & family offices
  • en_AUEnglish (Australia)
    • zh_CN简体中文
    • zh_TW繁體中文
  • Legal blog
  • Book an online consultation
  • Online Fixed-Fee Divorce
  • Wills & estates fees
Facebook-f Linkedin

Blended Families and Wills in Later Life: Reducing the Risk of a Challenge

  • October 28, 2026

Home " Legal blog " Wills and estates " Blended Families and Wills in Later Life: Reducing the Risk of a Challenge

Stepchildren can challenge a Will in Victoria. Practical steps older Will-makers in blended families can take to protect their wishes and their spouse.

When an older person remarries and leaves most of their estate to a new spouse, the Will is at greater risk of being challenged. Good planning cannot make a Will challenge-proof. It can make a challenge much less likely to succeed, and much less attractive to start.

Stepchildren can bring a claim

A common misunderstanding is that a stepchild, or a child who is not biologically related, has no standing to challenge a Will. In Victoria that is wrong. Under Part IV of the Administration and Probate Act 1958 (Vic), “eligible persons” who can apply for family provision include children, stepchildren and, in some cases, grandchildren. The Court of Appeal has confirmed that the child of a domestic partner can be a stepchild for this purpose.

An eligible person must still show that the Will did not make adequate provision for their proper maintenance and support. Adult children who are financially independent face a real hurdle, but the claim can still be costly to defend.

The two other common attacks

Beyond family provision claims, Wills made late in life are often challenged on two grounds:

  • Lack of testamentary capacity: the Will-maker did not understand what they were signing, what they owned, or who might expect to benefit.
  • Undue influence: someone, often the main beneficiary, pressured the Will-maker.

Practical steps that protect the Will

  1. Instructions come from the Will-maker alone. The lawyer should meet the Will-maker privately, without the main beneficiary present. Video meetings work well.
  2. Capacity evidence at the time. For an older Will-maker, a short letter or assessment from their GP or a geriatrician, close to the signing date, is strong evidence.
  3. A detailed file note. The lawyer records what was discussed, the Will-maker’s reasons, and their own words.
  4. A statement of reasons. A separate signed document can explain why the Will is structured as it is. It can record lifetime gifts already made to children or grandchildren, so a court can see they were not forgotten.
  5. Respectful wording. Describe family members accurately, for example “my stepson”, without critical or hurtful comments. Harsh words in a Will tend to provoke litigation, not prevent it.
  6. Use assets that pass outside the estate. Superannuation paid under a valid binding nomination and property held as joint tenants pass directly to the survivor.

Naming relatives who live overseas

Many of our clients leave gifts to family members in China, Hong Kong, Malaysia or elsewhere. Executors must be able to identify them clearly. We recommend:

  • using the name as it appears in the person’s identity document, family name first where that is how it is written, for example “WANG Xiaoming”;
  • adding the name in Chinese characters;
  • adding a date of birth and an identity card or passport number.

An address is optional, as it may change. Consistent spelling avoids delay when an overseas bank or registry checks the beneficiary’s identity.

If shares are a large part of the estate, see also our article on shares, capital gains tax and Enduring Powers of Attorney.

How we can help

We prepare Wills for blended families and cross-border families, and we act in contested estates, so we know where Wills are attacked. We can meet the Will-maker in English, Mandarin or Cantonese, in person or online.

中文版: 重组家庭与晚年遗嘱 · 繁體中文版: 重組家庭與晚年遺囑: 如何降低遺囑被挑戰的風險

Call (03) 9602 3988 or email chuatan@tpg.com.au to book a consultation.

This article is general information only and is not legal, tax or financial advice. The law discussed is Victorian law and Commonwealth superannuation and tax law as at October 2026. Please obtain advice about your own circumstances.

Share this article:

Related articles

股票, 资本利得税与持久授权书: 如何把资产留给配偶 | Shares, CGT and Enduring Powers of Attorney

股票应该现在改为联名, 还是通过遗嘱留给配偶?两者在资本利得税上的差别, 以及受托代理人能做和不能做的事.

重组家庭与晚年遗嘱: 如何降低遗嘱被挑战的风险 | Blended Families and Will Challenges

在维州, 继子女可以挑战遗嘱. 重组家庭中的年长立遗嘱人可以采取哪些实际措施, 保护自己的意愿和配偶.

資產遍佈多國的高淨值華人家庭: 澳洲離婚與財產分割指南

當一個家庭的財富分佈在多個國家, 分居離婚就不再是一

遗嘱管不到您的养老金: 自管养老金 (SMSF)的具约束力受益人指定 | Super, SMSFs and Binding Nominations

养老金不会自动成为遗产的一部分. 自管养老金的具约束力身故受益人指定如何运作, 以及常见的错误.

" Previous Page1 Page2 Page3 Page4 Page5 Next "

Why choose Chua Tan Associates?

Since 1990, our firm has successfully helped thousands of clients resolve their legal issues.

You can rest assured that our lawyers will use their accumulated knowledge and experience to help you achieve the best possible outcome.

Contact us

Experience

We are one of the most established law firms in Australia.

Qualifications

Our lawyers have broad experience across many areas of law, and our team includes Law Institute of Victoria Accredited Specialists in Immigration Law.

Clear, upfront service

Our lawyers are focused on saving clients time and money by drawing on expertise and providing practical legal advice so clients can worry less and focus on their family.

Contact us

Do you have a legal issue that needs to be resolved or other issues that require resolution? Contact us and we will help you.

Chua Tan Associates Expert Lawyers

Chua Tan Associates is a General Practice Law Firm. We have extensive experience in a wide number of practice areas including immigration, commercial, family, property and criminal law.

Learn more

Chua Tan Lawyers Pty Ltd
abn: 84 613 093 182

Practice areas

  • Immigration law
  • Family law
  • Commercial Law
  • Wills & probate
  • Property & construction
  • Criminal law
  • Civil disputes
  • Notary public

Contact us

  • +613 9602 3988
  • chuatan@tpg.com.au
  • Address: level2, 262 Queen Street, Melbourne VIC 3000
  • WeChat: chuatan262
Contact us

© Chua Tan Associates. Liability limited by a scheme approved under Professional Standards Legislation.

zh_CN 简体中文
zh_CN 简体中文
en_AU English (Australia)
zh_TW 繁體中文