Blended family dynamics can be complicated, especially when it comes to estate planning. If you’re a step-parent preparing your estate plan, you may feel uneasy about recent changes in South Australian succession law, particularly the expanded rights of step-children under new Succession Act 2023 (SA) (the Act). Under section 115, step-children are now expressly eligible to apply for family provision orders, even if they were not financially dependent on you.
Understandably, you may be concerned that a long-lost or estranged step-child could challenge your Will and argue they are entitled to part of your estate, especially if they claim that your assets were originally owned by their biological parent. But what does the law really allow, and what are your options for protecting your estate and your intentions?
What changed?
The Succession Act 2023 (SA) (the Act) introduced significant reforms to South Australian succession law, with changes taking effect in 2025. One of the most talked-about reforms relates to step-children and their right to bring family provision claims against an estate.
Section 115 of the Act expressly includes step-children as eligible applicants for family provision orders. This corrects a long-standing gap in the law: previously, step-children had limited access to challenge a Will unless they could prove financial dependency and that the deceased had stood in the role of a parent. Under the new law, they are automatically eligible to make a claim without needing to establish dependency.
What this means in practice
In practical terms, the change means:
- A step-child who had little or no relationship with you could still apply to court for a share of your estate;
- If you inherited the bulk of your assets from their biological parent (your late spouse or partner), a step-child may argue they are morally and legally entitled to a share;
- Even where the relationship was minimal or non-existent, they have standing to bring a claim;
- Step-children can apply regardless of whether they are named in the Will, given a small provision, or excluded entirely.
This expansion of rights has understandably caused concern among step-parents who inherited assets from their late spouse or partner, particularly those who have worked hard to rebuild their lives following the loss.
Call us on 1300 654 590 or email us if you’re worried about how these changes affect your estate plan.
The court still has to respect your wishes, but not blindly
While section 115 expands who can apply, section 116 is just as important. It governs how the court decides whether to grant provision.
Section 116(2) now expressly requires the Court to consider and give weight to the Will-maker’s reasons for distributing their estate as they did. This is a meaningful shift. The Court must now take into account:
- Any written or oral statements explaining why a person was excluded or given a smaller share;
- The Will-maker’s values, priorities and intentions; and
- The broader context of family relationships and financial circumstances.
This marks a formal move toward respecting the Will-maker choices. It gives legal force to your carefully considered decisions, especially when they are clearly recorded and well-justified. The clearer your documented reasons, the stronger your position if a claim is made.
Importantly, merely being eligible to apply doesn’t mean a step-child will succeed. Courts weigh eligibility against a range of factors, including the nature and duration of the relationship, the step-child’s own financial circumstances, the size of the estate, and competing claims from other beneficiaries. A distant or estranged step-child faces a much higher threshold than one who had a close, long-standing relationship with the deceased.
For a broader understanding of how Will challenges work, see our article on challenging a Will and who pays when someone challenges a Will.
What step-parents should do now
If you’re a step-parent with concerns about a potential claim, you don’t need to feel powerless. Here are the practical steps that can significantly strengthen your position:
Draft a clear, comprehensive Will
A well-drafted Will is your first line of defence. Vague, outdated, or poorly constructed Wills are far more vulnerable to challenge. Your Will should clearly express your intentions and be consistent with your other estate planning documents.
Record your reasons in writing
Consider preparing a separate Statement of Wishes or Statutory Declaration explaining why you have excluded a step-child or chosen to leave them less than they might expect. This document sits alongside your Will (not inside it) and can be referred to in court proceedings. Given section 116(2) of the Act now requires courts to consider your reasons, a clear and honest statement of your intentions carries real legal weight.
It’s also worth considering whether your deceased spouse’s estate plan adequately provided for their children at the time. If it did, that history forms part of the broader context the Court would consider. The more specific you are about the assets you brought to the relationship, the assets inherited, and the reasons for your intended distributions, the harder it becomes for the Court to override your wishes.
Review how your assets are held
Not all assets pass through your estate. Jointly owned property passes by survivorship directly to the surviving co-owner, bypassing your Will entirely. Superannuation is distributed by the trustee of your fund according to your binding death benefit nominations, not your Will. Structuring assets carefully can reduce the pool of assets available for a family provision claim.
For more on superannuation and estate planning, see our guide on blended families, superannuation and getting your BDBN right.
Consider a testamentary trust
A testamentary trust can provide a degree of protection for assets you want to pass to your chosen beneficiaries. While testamentary trusts don’t automatically prevent family provision claims, they can make it more difficult for a claimant to access specific assets and help preserve your intentions for future generations. They also offer significant tax advantages for beneficiaries who receive income through the trust.
Learn more in our article on why use a testamentary trust in your Will?
Keep your estate plan current
Major life events such as the death of a spouse or a change in your relationship with stepchildren affect the adequacy of your estate plan. An outdated Will is one of the most common causes of estate disputes. We recommend reviewing your estate planning documents every three years, or immediately after any major life change.
For more on keeping your plan up to date, see why you must keep your estate planning up-to-date.
How we can help
We regularly work with step-parents navigating the intersection of blended family dynamics and estate planning. We understand the legal complexity behind ensuring your wishes are met, and the personal challenges of managing relationship dynamics.
We can help you:
- Prepare a clear, strategic Will that reflects your intentions and is difficult to challenge;
- Draft a Statement of Wishes or Statutory Declaration to support your estate plan;
- Review your asset ownership structure to minimise exposure to family provision claims;
- Advise on testamentary trusts and other protective structures; and
- Advise your executor on how to respond to a challenge, should one arise.
Call us on 1300 654 590 or email us to ensure your wealth ends up where you intend.
The information contained in this post is current at the date of editing – 3 March 2026.
