Queensland Consolidated Acts

SUCCESSION ACT 1981 - SECT 40A

40A Meaning of stepchild

(1) A person is a
"stepchild" of a deceased person for this part if—

(a) the person is the child of a spouse of the deceased person; and

(b) a relationship of stepchild and step-parent between the person and the deceased person did not stop under subsection (2) .

(2) The relationship of stepchild and step-parent stops on—

(a) the divorce of the deceased person and the stepchild’s parent; or

(b) the termination of the civil partnership between the deceased person and the stepchild’s parent; or

(c) the ending of the de facto relationship between the deceased person and the stepchild’s parent.

(3) To remove any doubt, it is declared that the relationship of stepchild and step-parent does not stop merely because—

(a) the stepchild’s parent died before the deceased person, if the marriage, civil partnership or de facto relationship between the deceased person and the parent subsisted when the parent died; or

(b) the deceased person remarried, entered into a civil partnership or formed a de facto relationship after the death of the stepchild’s parent, if the marriage, civil partnership or de facto relationship between the deceased person and the parent subsisted when the parent died.

(4) In this section—

"termination" , of a civil partnership, means termination under the Civil Partnerships Act 2011 , section 14 (1) (b) or 19 .