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  1. #171
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    Quote Originally Posted by Solarberry View Post
    Wouldnt the step child be able to contest the will? So if your parents pass away and leave you money, its money that is left to you and your DH. When you pass or DH passes, his child can put a claim in for that money. You can say in the will who you want the money to go to, but the reality is the Trustee will make the decision if there is someone contesting it.
    Not in Victoria. There has to be a relationship between the deceased and the person claiming an interest.

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    My understanding is when someone dies, their bio children can contest an equal share to each other. So you may leave 100% to 2 children and cut one out, but they would be legally entitled to contest for a 1/3 share. Obviously I'm not a lawyer but that is my understanding.

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    Why should a step child get a gain from something left to a step parent, the already have a biological parent they may gain from in a will when that parent dies.

    I couldn't imagine a trustee doing that. So the step child gains from potentially 4wills, but the biological child only gains from 2 unless the parents split up and repartner?

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    Wouldnt the relationship be the fact that its the childs father? You could then argue that a relationship wasnt forged because of ABC XYZ etc depending on whatever the sitution or the people involved was.
    If you are able to prove that you are in financial hardship as well, it helps with contesting a will.

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    I don't think a child to a man should be able to claim his SM's assets. However, and I'm only guessing, marriage makes everything communal assets? I'm unsure there.

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    Default *Spin off* How would you like to see the CS system organised?

    Quote Originally Posted by zombiekitty View Post
    Someone my DH fathered ( who we do not know) will not be benefiting from money that my wealthy parents will (more than likely) leave me in their will. Likewise the significant amount a family member has left me on their will.
    No way, no how.
    I actually agree with you.

    Your circumstance is a bit different as this is a child/person that your husband has never known. If I were in your situation, I'd likely think the same.

    It is a lot different though when the child has been part of he fathers life, then he repartners and the new partner decides that providing for his previous children is not on.

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    Thats what im thinking. If you are married, doesnt all assests become common therefore a child, be it step or other, can make a claim?

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    Default Re: *Spin off* How would you like to see the CS system organised?

    So.... River Song.... If you had the choice between paying for your hypothetical step kids and your bio son to go to a second rate public school, or pay for just your bio son to go to a top notch private school where he would get the best education, which one would you pick? ?

    Sent from my HUAWEI-U8850 using BubHub

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    My thoughts on communal assets was that each of dh's kids should have claim to 25% of his share, and my kids, 50% of my share. As the step kids will be able to claim 50% each of their mothers assests.

    That would make 37.5% each of communal assets for my children to claim and 12.5% of communal assets for the step chidren to claim each

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    Default *Spin off* How would you like to see the CS system organised?

    Quote Originally Posted by Solarberry View Post
    Thats what im thinking. If you are married, doesnt all assests become common therefore a child, be it step or other, can make a claim?
    The child would have to know the bio parent had died though.


 

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