One estate planning questions people ask is: “Can I leave an adult child out of my will?”
While many people assume they have complete freedom to distribute their assets however they choose, the reality is often more complex.
In Australia, adult children may have the ability to challenge a will if they believe they have not been adequately provided for. Understanding the risks and limitations involved is an important part of effective estate planning.
Why Estate Planning matters
A well-structured estate plan does much more than simply determine who receives your assets after you die. Effective estate planning can help:
- Ensure your wishes are carried out
- Minimise disputes between family members
- Reduce administrative burdens on loved ones
- Provide protection for vulnerable beneficiaries
- Improve tax outcomes for your estate and beneficiaries
Estate planning may also involve strategies beyond a will, including enduring powers of attorney, testamentary trusts, superannuation death benefit nominations and beneficiary arrangements.
Importantly, your estate plan should be reviewed regularly, particularly following significant life events such as marriage, divorce, the birth of children or major changes to your financial position.
What Is a Family Provision Claim?
Australian law allows certain people to challenge a will where they believe they have not received adequate provision from the deceased’s estate. These claims are commonly known as Family Provision Claims.
While the rules vary between states and territories, eligible applicants generally include:
- Spouses and de facto partners
- Children, including adult children
- Former spouses in certain circumstances
- Dependants, which may include stepchildren, grandchildren or others who relied on the deceased
When considering a claim, the court may take into account factors such as:
- The size of the estate
- The applicant’s financial circumstances
- The nature of the relationship with the deceased
- Any support or assistance previously provided
- Whether there was a moral obligation to provide further assistance
If the court determines that adequate provision has not been made, it may alter the distribution of the estate regardless of the deceased’s wishes expressed in the will.
Can you exclude an adult child from your will?
You can choose to exclude an adult child from your will. However, doing so does not necessarily prevent them from making a claim against your estate. Many people are surprised to learn that adult children can still be eligible to challenge a will, even if they are financially independent.
Every situation is unique. Factors such as family relationships, prior financial assistance, the reasons for exclusion and the size of the estate can all influence the likelihood and success of a claim. For this reason, simply removing a child from a will without obtaining professional advice may unintentionally increase the risk of future disputes.
The importance of professional advice
If you are considering excluding a child or other family member from your estate, obtaining specialist legal advice is essential. An experienced estate planning lawyer can help assess your circumstances, explain the risks involved and develop strategies that may strengthen your estate plan while helping ensure your wishes are properly documented.
Estate planning is rarely a one-size-fits-all exercise, and personalised advice can make a significant difference to the outcome for your family.