The inquirer is an adult woman who was brought up by her step-mother who has recently died.

The inquirer finds that she is not provided for under the Will.

In Western Australia it is possible for step-children to claim against their step-parent’s estate, if they were able to show that their natural parent left to the step-parent an amount in excess of a sum specified by law, when the natural parent died, prior to the step-parent dying.  The specified sum varies from time to time but it is currently in excess of $400,000.

In this case, her natural father had died 25 years ago but the problem is that the value of the assets that he held at that date are well below the current limit and therefore the inquirer cannot claim.

Had the father recently died, when the value of the estate that he owned was much higher, the inquirer may have been able to claim.

Simply speaking, in this case the inquirer fails to qualify to bring a claim against the step-parent’s estate under Western Australian legislation.