Estate planning is one of the most important things you can do for the people you love. A well-drafted will gives you control over how your assets are distributed, who looks after your affairs, and how your wishes are honoured after you’re gone. But what happens when you decide to leave a family member, such as an adult child, out of your will? In Australia, this is more complicated than many people realise.

Why Estate Planning Matters

A clear, legally valid will reduces the chance of disputes, eases the administrative burden on your loved ones, and ensures your estate is distributed according to your wishes. Estate planning isn’t just about writing a will, though. It can also include appointing an enduring power of attorney, setting up testamentary trusts, nominating beneficiaries on superannuation and life insurance policies, and planning for tax efficiency. Reviewing your estate plan regularly, especially after major life events such as marriage, divorce, the birth of a child, or significant financial changes, is essential.

Family Provision Claims Explained

In Australia, certain people have the right to challenge a will if they believe they have not been adequately provided for. This is known as a family provision claim. Each state and territory has its own legislation, but generally, eligible applicants include spouses, de facto partners, children (including adult children), former spouses in some circumstances, and dependants such as stepchildren, grandchildren, or others who relied on the deceased financially or domestically.

When a court considers a family provision claim, it looks at a range of factors, including the size of the estate, the financial position of the applicant, the relationship between the applicant and the deceased, any contributions the applicant made to the deceased’s welfare or estate, and whether the deceased had a moral obligation to provide for the applicant.

If the court finds the applicant was not adequately provided for, it can order that provision be made from the estate, even if this goes against what the will says.

Leaving an Adult Child Out of Your Will

Many people assume that because their children are adults and financially independent, they can simply leave them out of a will without consequence. This isn’t necessarily the case. Adult children may remain eligible to bring a family provision claim, regardless of their age. Unlike some other categories of applicants, adult children generally don’t need to prove financial dependency to be eligible, which is one reason this area can be complex.

There are various considerations that may be relevant when someone is thinking about excluding a child from their will, such as documenting reasons, the nature of any estrangement, prior financial assistance, and the structure of the estate itself. However, every situation is different, and what may help in one case could be ineffective or even counterproductive in another. These are matters that should be discussed in detail with an experienced estate planning lawyer, who can assess your circumstances and advise on the best approach for you.