A stepchild has additional hurdles to cross in order to make a family provision claim in New South Wales.
However, that does not necessarily mean they cannot make a claim.
In Jurasz v Cesna (Principal Claim) [2026] NSWSC 936, the Supreme Court of NSW awarded a stepdaughter provision from her late stepmother’s estate after finding that the stepmother owed her a special moral obligation to provide for her.
The case also contains an important warning about the legal costs of estate litigation.
A stepdaughter left with nothing
Christine Jurasz died without a will in July 2022, aged 71.
Under the rules of intestacy, her sister was entitled to inherit the whole of her estate.
Christine’s stepdaughter, Katarzyna Jurasz, received nothing on intestacy.
Katarzyna had moved from Poland to Australia at 17 and initially lived with her father and Christine who were later married. The evidence showed that she developed a close relationship with her stepmother.
Christine gave her driving lessons, helped choose her wedding dress, assisted with her baby shower and remained closely involved with Katarzyna and her children. Later, when Christine became ill, Katarzyna stayed with her on weekends, visited her in hospital and arranged her funeral.
Christine had also nominated Katarzyna as her next of kin while in hospital.
Can a stepchild make a family provision claim?
Under the Succession Act 2006 (NSW), a stepchild may qualify as an eligible person where they have been a member of the deceased’s household and at one time or another partly or wholly dependent upon the deceased. It must also be shown that there are factors warranting the making of a family provision order, that is that the deceased owed a special moral obligation to the stepchild.
In this case, Katarzyna established that she had been partly or wholly dependent on Christine and had been a member of the same household. The Court also found that the Katarzyna had a loving supportive and enduring relationship with Christine, and in all the circumstances was the natural objection of Christine’s testamentary recognition.
What did she receive?
Katarzyna sought provision for several needs, including assistance to purchase a home.
The Court ultimately determined that $160,000 should be provided to assist her in buying a house.
The Court considered her financial circumstances, income, available assets and borrowing capacity when arriving at that figure.
The claim also commenced approximately seven months outside the usual 12-month time limit. The Court nevertheless granted an extension, finding there was an explanation for the delay and no identifiable prejudice caused by it.
A major warning about legal costs
One of the most striking aspects of the judgment concerned legal costs.
Katarzyna claimed that her legal costs had grown to more than $282,000 — more than half the approximately $534,000 estate remaining after the administrator’s costs.
Chief Judge in Equity Hammerschlag described the amount as “eyewatering” and considered significant parts of the costs to be excessive.
His Honour emphasised that:
“an estate is not an underwriting fund against which excessive and disproportionate legal costs may be secured.”
The Court ultimately capped the amount recoverable for Katarzyna’s costs from the estate at $53,000.
Together with the $160,000 substantive provision, Katarzyna was ordered to receive $213,000.
What can families learn from this case?
Jurasz v Cesna demonstrates two important principles.
First, stepchildren may have rights to bring proceedings against an estate for family provision but have very significant hurdles to cross. The history of the relationship, dependency and living arrangements are critical.
Second, estate litigation needs to be conducted in a way which is proportionate to the extent of the estate assets. Legal costs can significantly reduce what is ultimately available to beneficiaries and claimants.
As Conrad Curry explains:
“Family provision proceedings are ultimately about obtaining proper provision from an estate. The legal costs of pursuing or defending a claim therefore need to remain proportionate to what is actually at stake. This decision is also an important reminder that eligibility is determined by the legislation and the evidence — not simply by whether someone is described as a stepchild.”
If you are a stepchild or other family member who has been left without adequate provision from an estate, obtaining advice early is important. In NSW, strict time limits generally apply to family provision claims.
At The Law Office of Conrad Curry, we regularly advise clients on family provision claims, contested estates and other estate disputes throughout New South Wales. Contact our friendly team today to discuss your circumstances.
Frequently Asked Questions:
Can a stepchild contest a will in NSW?
Potentially. A stepchild is not automatically eligible to make a family provision claim simply because they are a stepchild.
However, they may qualify as an eligible person under the Succession Act 2006 (NSW) in other ways. For example, a stepchild may be eligible if they were, at a particular time, wholly or partly dependent on the deceased and were also a member of the deceased’s household.
That was the basis on which the stepdaughter in Jurasz v Cesna was found eligible to make her claim.
Do stepchildren automatically inherit in NSW?
Not necessarily. Being a stepchild does not, by itself, give someone the same inheritance rights as a biological or adopted child.
This can become particularly important in blended families, especially where someone dies without a valid will.
What happens if a stepparent dies without a will?
When someone dies without a valid will, they die intestate. Their estate is then distributed according to the intestacy provisions of the Succession Act 2006 (NSW).
Those rules may produce a very different outcome from what family members expected.
In Jurasz v Cesna, Christine died without a will. Her stepdaughter received nothing under the intestacy rules and therefore sought provision from the estate through the Supreme Court of NSW.
Can a stepchild claim if they were financially dependent on their stepparent?
Potentially. Dependency can be particularly important when determining whether a stepchild qualifies as an eligible person.
However, every case depends on its circumstances. The Court may consider the nature and duration of the relationship, dependency, whether the stepchild lived in the deceased’s household and other relevant evidence.
What if my stepparent treated me like their own child?
A close parent-child relationship can be relevant, but the existence of a close relationship alone does not necessarily establish eligibility for a family provision claim.
In Jurasz v Cesna, the Court considered evidence about the stepdaughter’s relationship with the deceased, including that she had lived with her, remained in close contact with her, received assistance from her and later helped care for her.
Why is estate planning particularly important for blended families?
Blended families can involve competing interests between spouses, children, stepchildren and other relatives.
A properly prepared estate plan can clearly record how a person wants their assets distributed and reduce uncertainty after their death.
Without appropriate planning, the outcome under NSW intestacy laws may not reflect what the deceased or their family expected.
How long does a stepchild have to make a family provision claim?
In NSW, a family provision application generally must be made within 12 months of the deceased’s death.
The Court can extend that period where sufficient cause is shown, but an extension should not be assumed.
In Jurasz v Cesna, the claim was commenced approximately seven months outside the usual time limit. The Court permitted it to proceed after considering the explanation for the delay and the absence of identifiable prejudice.
If you believe you may have a family provision claim, obtaining legal advice promptly is important.
DISCLAIMER
This article reflects the current law at the time of publication. Please note that cases may have been the subject to appeal or subsequent judicial consideration since the date of posting. The decisions referred to are summarised for general understanding only. It is intended for informational purposes only and does not constitute legal advice. For specific legal guidance in relation to your situation, please consult with a qualified legal professional.