Can a parent disinherit a child in Australia?

It has become a trend for parents to leave their children out of their Wills or only leave them a nominal amount in hopes of disinheriting them. When a parent does this, they commonly believe this will stop their child from being able to make a claim against their estate. However, is important to note that under the Succession Act of New South Wales, a child has an automatic right to contest a Will. 

If a child feels they have not been adequately provided for, they can make a claim for a larger share of the estate, especially if they are a person in financial need. This is often called a "family provision claim."

As a Testator (Will maker) it is advisable you protect your estate against family provision claims by ensuring you:

1. Clearly State Your Intentions

Document your reasons for disinheriting a child, if appropriate, either in your Will or a separate letter.

2. Seek Legal Advice

Consult with a lawyer who specialises in estate planning to ensure your Will is legally sound and to understand the implications of your decisions.

3. Consider Alternatives

If you are concerned about potential claims, discuss options such as setting up trusts or other arrangements that might provide for your wishes.

In virtue of the above, each case is unique, so professional legal advice will help you navigate this sensitive area.

At Kells, our experienced and caring estate planning lawyers can provide personalised advice based on your specific circumstances and help navigate any complexities related to estate planning including the preparation of a Will, and challenging or defending an estate.

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