There’s a lot to understand when reading about how to disinherit a child in a Will in Australia, as it involves more than just leaving their name out of a Will. Essentially, there is one clear answer to the question of how to disinherit a child in a Will in Australia. You can explicitly state in your Will that you do not wish your child to receive any of your assets upon death. However, it is entirely possible that the Judge overrules the wish of the Will-maker or the testator if the child has successfully contested the Will.
Furthermore, if you are wondering “how to disinherit a child in a Will in Australia” because you have already included them in your Will, then preparing a new Will to replace the existing one is the answer to that question. But, once again, leaving someone significant like a child out of a Will can lead to Will disputes. If the child is able to make a successful claim to demonstrate that they have an entitlement to the estate of the Will-maker, the judge can make a decision to override the testator’s wish. Note though, that in such circumstances, it is the child’s responsibility to make a convincing case to the court, and the decision of the court will ultimately depend on various grounds.
Read on to find out how to disinherit a child in a Will in Australia. This article contains the following sections:
- How to disinherit a child in a Will in Australia?
- As the disinherited child, how can you contest the Will?
- NSW legal case study
- As the Testator, Can You Avoid Future Disputes if You Disinherit Your Child in the Will?

How to Disinherit a Child in a Will Australia?
Australian law provides its citizens the freedom to draft up a Will. The law allows the Will-maker to nominate beneficiaries, and specify how estate distribution is to take place upon their passing.
When a parent is thinking of how to disinherit a child in a Will, perhaps they have had significant conflicts that has led to estrangement. For example, parents might have disagreements with their children due to:
- Differences in religious beliefs
- Choice of lifestyle
- Deep-rooted family issues
The factors may lead to estrangement and the parent may feel no obligation to provide for their children who are no longer a part of their lives. In such cases, the testator may disinherit their child by clearly stating this. Furthermore, it is advisable to clearly record your reasons for doing so to avoid your wish from facing any disputes in the future.
A parent may be wondering how to disinherit a child in a Will in Australia also because of fair reasons such if they have already provided substantial help and assistance to that child (like an early inheritance) and decided that their remaining assets should go to the other children/persons.
The provisions in the law accommodate these types of situations and the court will also consider what a reasonable testator would have done in the same instance.

As the Disinherited Child, What Are Your Options?
Adult children can contest a Will if they feel they’ve been unfairly left out. They are one of the eligible persons when it comes to filing a family provision claim. A family provision claim allows adult children to contest a Will and make a case to demonstrate why they are entitled to receive some portion of the estate. While the child is entitled to making a legal claim against the estate and the court will consider these claims, the court will also keep in mind the impact it has on other beneficiaries and claimants. When assessing the family provision claim of the disinherited child, the court will consider the following factors:
- The financial stability of the child
- The duration of estrangement between the parent and the child
- The reason for estrangement and whether the child made a reasonable and genuine attempt to reconcile with their parent
- The size of the deceased’s estate
Furthermore, the child can also consider settling thought mediation with the Will’s executor. Where the matter cannot be settled in this manner, then the court can consider the credibility of the family provision claim.
Case Study: Portis v Green [2017] NSWSC 1489
The case of Portis v Green [2017] involved the the Supreme Court of New South Wales. The Will of Mr Ronald Portis, who died in 2016, clearly and explicitly stated that he doesn’t wish his son (Mr Paul Portis) and his granddaughters to inherit anything from his estate. In his statement, Mr Ronald Portis states various reasons as to why he wanted to disinherit Mr Paul from his Will, including an emotional detachment. Mr Ronald instead left his estate and property to the United Grand Lodge of NSW & ACT Museum.
However, the Court found that the estrangement was not a matter which should be taken into account against Paul and his claim for provision. Moreover, in a previous Will, Mr Ronald Portis had intended to leave everything in his estate to his son Mr Paul. However, the court found that it is due to Paul’s marital circumstances (and the lack of a relationship between Mr Ronald and Paul’s wife), following that initial Will, and his lifestyle choices that included motorcycling activities, that Mr Ronald Portis decided to remove Paul from his Will.
Therefore, the court questioned whether an adequate provision was made for Mr Paul, and decided that the provision was not adequate for Mr Paul. This was because of Mr Paul’s financial circumstances including his future earning capacity, debts he will never be able to repay and his grossly inadequate superannuation. In addition to this, the Court has also given weight to some new circumstances in Mr Paul’s life including his divorce.
Ultimately, the court decided to make reasonable provision to Mr Paul, as his only surviving son, while still respecting the wishes of the testator to provide some portion of his estate to the Museum.
Note: This is a shortened version of the case that involved many other nuances. For a detailed reading of the case study, click here.
As the Testator, Can You Avoid Future Disputes if You Disinherit Your Child in the Will?
Depending on the state and territory in Australia, the laws allow adult children to dispute the Will. For example, in NSW, the Succession Act 2006 states that adult children can dispute the Will – therefore, it becomes a bit challenging of the testator to avoid future disputes. However, they can definitely consider alternative paths.
Firstly, obtaining professional legal advice before the parent explicitly excludes the child from their Will is ideal. This is because lawyers can make suggestions so as to avoid future disputes from the disinherited child or the estranged child. For example, Wills and estate lawyers can find a way make minor provisions for the child, thereby discouraging them from contesting the Will and stopping them from claiming further provision if they decide to pursue the matter.
Secondly, if the parent really wants to learn about how to disinherit a child in a Will in Australia, chances are they are less likely to consider making minor provisions of their estate. In such cases, they can consider structuring their assets so that they are not included under the estate provision. For instance, in case of joint bank accounts or property titles, the assets will transfer to the other holder. Due to the complicated nature of such matters, it is extremely important to speak with legal professionals.
Importance Of Seeking Legal Advice
Any decisions around Wills can have complex financial implications. For these reasons, speaking with a lawyer before making any significant decision becomes paramount as most children can dispute the Will. The financial and emotional impact of these matters are intense. Family lawyers are adept at providing necessary professional and legal support to aid you during such matters and during legal challenges.
When one is asking how to disinherit a child it is important to seek proper legal advice as this may affect current and further situations.
At JB Solicitors, our Wills and Estate Planning lawyers can help you with such cases. Reach out to JB Solicitors today.