Under the NSW Succession Act s57(1)(e), do stepchildren have an automatic claim to a stepparent's estate?

• A. Yes, automatic claim.
• B. They have an automatic claim only if financially dependent.
• C. They do not have an automatic claim; they must prove financial dependence.
• D. They always inherit a fixed share.

Answer: (C)

Stepchildren don’t gain an automatic entitlement to a stepparent’s estate. In NSW, a claim for provision from the estate is reserved for people who were financially dependent on the deceased. Section 57(1)(e) focuses on that dependence as the basis to make a claim. If the stepchild can prove they were financially dependent on the stepparent, they may pursue provision; if not, there’s no automatic right to a share. There is no guaranteed fixed share for stepchildren either—the court weighs the claim and determines what, if anything, should be provided based on dependency and other relevant factors.