Blended families are part of modern life. Second marriages, de facto partners, stepchildren, and everything in between. But when someone passes away, these relationships can complicate what’s already a very difficult time.
Many people assume stepchildren have the same rights as biological children. The reality is, they often don’t.
Our 2025 Inheritance State of Play in WA Report found 42% of Western Australians either don’t have a Will or aren’t sure if they do. That kind of uncertainty can have real consequences and stepchildren are often the ones left out.
Where the law stands, and what can be done, isn’t always clear.
What rights do stepchildren have under WA law?
In Western Australia, stepchildren don’t have automatic inheritance rights.
If a person dies without a Will, also known as dying ‘intestate’, their estate is divided according to a fixed formula under the Administration Act 1903 (WA). That formula includes spouses, biological and adopted children, and other blood relatives. Stepchildren aren’t recognised in this formula.
Even when there is a Will, stepchildren only inherit if they’re named in it. And while many stepparents do intend to include stepchildren, vague wording, poor drafting, or old Wills that don’t reflect current relationships can leave them with nothing.
This surprises a lot of people. Particularly in blended families where a stepchild may have played a significant role in someone’s life, emotionally and/or financially, but is legally treated as an outsider.
The law draws a line between relationships of fact and relationships of law. And unless that line is crossed with a properly drafted Will, a stepchild has no entitlement to the estate.
Can a stepchild contest a Will in WA?
Yes, but not in every case.
Under the Family Provision Act 1972 (WA), a stepchild may be eligible to contest a Will if:
- They were being maintained by the deceased immediately before their death; or
- The deceased had received or was entitled to receive assets from the estate of the stepchild’s natural parent (currently set at a value of $517,000).
That second point is often overlooked and it matters. If a step-parent inherits more than $517,000 from the estate of the stepchild’s biological parent—not including any joint assets or superannuation—then the stepchild may have standing to make a claim against the step-parent’s estate when they pass.
It’s a unique feature of WA law, and one that can open the door to a challenge where otherwise none would exist.
To be successful, the stepchild must also show they weren’t properly provided for, and that the deceased owed them a moral obligation, something the court weighs up based on the nature of the relationship, level of financial need, and other relevant circumstances.
Importantly, these claims aren’t limited to minor children. Adult stepchildren can (and do) bring successful claims, particularly where there was a long-standing family bond and financial dependence, or some other form of reliance on the deceased.
Time limits and eligibility requirements in WA
Even if a stepchild qualifies to make a claim, timing is everything.
In Western Australia, the deadline to file a Family Provision Claim is six months from the date of the Grant of Probate or Letters of Administration. Miss that window, and the opportunity to challenge may be lost entirely, regardless of how strong the case might be.
To be eligible, a stepchild must fall into one of the recognised categories under the Act. In most cases, that means proving either:
- They were being maintained (financially supported) by the deceased at the time of death, or
- The deceased received a significant benefit (at least $517,000) from the estate of the stepchild’s biological parent.
From there, the court looks at a range of factors: the nature of the relationship, the stepchild’s financial position, the size of the estate, and whether the deceased owed a moral duty to provide for them.
There’s no guaranteed outcome or fixed set of entitlements here, but the court does have wide discretion. And increasingly, we’re seeing successful claims where stepchildren can clearly show genuine connection, need, and unfair treatment.
The process of making a Family Provision Claim in WA
Contesting a Will through a Family Provision Claim might sound daunting, but the process is structured, and in many cases, it doesn’t involve going to a court hearing at all.
Once eligibility is established and legal advice has been sought, the first step is usually to notify the Executor of the estate of your intention to make a claim. From there, the estate can’t be distributed until the matter is resolved or the court otherwise allows it.
The next phase typically involves gathering evidence. This includes details of the relationship, financial need, any contributions made to the deceased, and the overall picture of the estate. This is where experienced legal guidance makes all the difference.
From there, most claims proceed to a Court-ordered mediation. This is a structured negotiation process designed to find a resolution without the stress, time and cost of a formal trial. And it works: around 87% of Family Provision Claims are resolved at mediation, often with the distribution of the estate being adjusted.
If the matter doesn’t settle at a first mediation, and a second mediation won’t help, then it can move to a trial in the Supreme Court of WA, where a judge will decide whether further provision should be made and if so, then how much. But the vast majority of cases are resolved well before that point.
Common misconceptions about stepchildren’s inheritance rights
Inheritance law is full of assumptions, and when it comes to stepchildren, many of them are wrong.
One common belief is that stepchildren are treated the same as biological children. They are not. Unless adopted or clearly provided for in a valid Will, they often have no entitlement at all.
Another is that leaving them a small “token” gift will prevent them from challenging the Will. It won’t. The court doesn’t look at the dollar amount. It looks at whether what was left was adequate and whether the deceased had a duty to provide more.
Then there’s the idea that “we were close, so of course I’ll be included.” Unfortunately, the law isn’t based on closeness or ideas of ‘fairness’. It’s based on recognised legal categories and financial need. Without proper planning, even long-standing, meaningful relationships can be ignored by the law.
And this isn’t hypothetical. Our 2025 Inheritance State of Play Report found 10% of Western Australians anticipate disputes involving stepchildren or step-siblings. It’s a clear sign that confusion and unmet expectations in blended families are a major flashpoint.
Don’t wait to find out where you stand
If you’re a stepchild who’s been left out of a Will, or left with less than you believe is fair, it’s important to act quickly. Time limits apply, and once they expire, you may lose the right to make a claim altogether.
Our inheritance disputes lawyers regularly help people navigate inheritance disputes, including stepchildren who feel they’ve been overlooked or unfairly treated. We’ll help you understand where you stand, whether you’re eligible to make a claim, and what your options look like.
Book a free 15 min consultation with our team and have a confidential chat about your situation. Whether you’re ready to take the next step or just need some guidance, we’re here to help.
