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It’s assumptions that often lead to inheritance disputes within blended families.
A parent will often trust that their new spouse will look after children from a previous relationship.
Adult children may also believe that the family home will one day return to their side of the family. Others may assume years of a steady relationship will be enough to secure a place in the Will.
In Western Australia, those assumptions can unravel quickly.
When a blended family estate is contested, the issues are deeply personal and legally difficult. The real question is whether the Will, the estate plan, and the law recognise the relationships and obligations left behind.
Why blended families are vulnerable to inheritance disputes
Blended families are particularly vulnerable because the landscape can change faster than the paperwork.
Divorce, remarriage, de facto relationships and later-life partnerships can quickly develop and this changes who expects to be protected. The difficulty with this is that Wills are often left untouched for years. Some still reflect a first marriage, a former relationship, or a much simpler version of the family.
That gap is where estate disputes often begin.
A complex family may have different views about fairness. One person may point to financial need, whereas another may put more weight to the past contributions, promises made, or years spent helping maintain the family home. During a major wealth transfer, with property values high and cost-of-living pressure rising, those differences can become harder to resolve.
Surviving Spouse vs. Children from Previous Relationships
One of the hardest and most common legal challenges in blended family inheritance disputes is the claim between a surviving spouse and children from previous relationships.
Both sides may have a legitimate position. A surviving spouse may need somewhere to live, financial support, or recognition of the life they built with the deceased. Biological children, including adult children, may feel that their parent’s estate has shifted into another family line, especially where the estate was built before the later relationship began.
Western Australian courts do not automatically favour one side over the other.
Where the dispute becomes a family provision claim, the court looks at the whole picture. That can include the length of the relationship, each person’s financial position, contributions made, the size of the estate, and the deceased’s obligations to different family members.
There’s no simple formula. In a blended family, fairness depends heavily on the facts.
Can stepchildren make a family provision claim in WA?
Stepchildren are not automatically treated the same as biological or adopted children in Western Australia. This is one of the most misunderstood issues in blended families inheritance disputes.
Under the Family Provision Act 1972 (WA), a stepchild may be eligible to make a family provision claim, but only in specific circumstances.
In practical terms, there are two main pathways:
- The stepchild was being financially maintained by the deceased immediately before death; or
- The deceased received, or was entitled to receive, significant property from the estate of the stepchild’s parent.
That second pathway matters in a blended family. It can arise where one parent dies, their estate passes to their spouse or partner, and the children from the earlier relationship are later left with little or nothing.
Eligibility is only the first hurdle. The stepchild must still show that adequate provision was not made for them. That’s where early legal advice becomes critical.
For a deeper guide to eligibility, time limits and the process, read our complete guide to family provision claims in Western Australia.
Check in just minutes if you have grounds to make an inheritance claim, or defend your position.
Why superannuation can change the outcome
Contrary to what many people believe, superannuation does not automatically form part of a deceased estate.
Depending on the fund, the governing rules and any binding death benefit nomination, superannuation may pass directly to a nominated beneficiary. If there’s no valid binding nomination, the trustee of the superannuation fund may have discretion over who receives the death benefit.
In blended families, that can make a significant difference. Superannuation can protect a surviving spouse, provide for children from a previous relationship, or unintentionally exclude someone the deceased meant to benefit.
This is why a Will alone may not control the whole inheritance picture. Experienced estate planning should consider estate assets, non-estate assets, and any superannuation inheritance issues that could affect the final outcome.
These disputes are emotional as well as legal
Blended family disputes are difficult for everyone involved. They often involve a combination of grief sitting on top of years of unresolved tension, especially between a surviving step-parent and adult stepchildren.
What looks like a dispute about money may also feel like a judgment about:
- who mattered most
- what was promised
- who belonged in the family
- whether the deceased person’s wishes are being honoured
In a complex family, one poorly timed step can change the tone of the whole dispute. A rushed distribution or an aggressive demand can make resolution harder and more expensive.
Clear legal advice gives people room to pause before the dispute gathers momentum.
Get our ultimate FAQ guide on all things inheritance, Wills, estates and succession.
What to do if a blended family inheritance dispute is coming
If you think a blended family inheritance dispute is coming, don’t wait until the estate has been distributed.
Early legal advice can help you understand whether there may be a family provision claim, what time limits apply, and which assets are available to the estate. It can also identify non-estate assets, including superannuation, that may affect the final outcome.
Executors should be careful before distributing assets where a claim is possible. Beneficiaries and potential claimants should also get clear on their position before making demands or responding to them.
At Solomon Hollett Lawyers, our inheritance dispute lawyers in Perth help clients understand the strength of their position and the pathway ahead. You can book a free 15-minute phone call with our team to talk through your situation before the dispute gathers momentum.
FAQs about blended family inheritance disputes in WA
Can a stepchild contest a Will in WA?
Yes, but only in specific circumstances. A stepchild isn’t automatically treated the same as a biological or adopted child in Western Australia. They may be eligible if they were financially maintained by the deceased, or if the deceased received significant property from the estate of the stepchild’s parent.
What happens when a surviving spouse and biological children both make a claim?
The Court looks at each person’s circumstances. A surviving spouse may need housing and financial security. Biological children may have their own financial need or a strong claim based on family history. Neither side automatically wins.
Does superannuation form part of the estate?
Not automatically. Superannuation can pass outside the Will, depending on the fund rules, any binding death benefit nomination, and the trustee’s decision. This can make a major difference in blended family inheritance disputes.
How does a WA court decide between competing family provision claims?
The Court considers whether adequate provision was made, then weighs the needs and circumstances of each eligible claimant. This includes financial position, relationship history, contributions, estate size and competing obligations.
What should I do if I think a blended family dispute is coming?
Get legal advice early. Time limits apply, and once estate assets are distributed, the position can become harder to resolve. Early advice helps you understand your rights before the dispute escalates.
Dealing with an inheritance dispute, estate administration or probate matter?
Book a free 15 minute phone call with one of our lawyers today.
