31 Mar 2026
Wills & Estates
D-I-Y wills: More like, D-I-Why on earth did I do that?
A significant percentage of estate disputes involves a family and the question of an estranged child and their rights to seek a share of their parent’s estate. It’s a scenario that’s emotionally tense, legally complex, and increasingly common. Many clients assume that excluding a child from their will is final, but under Western Australian law, that’s rarely the end of the story. We can assist you with protecting your estates from such claims.
Can estranged children make a claim?
Yes. Estranged children are considered “eligible persons” under the Family Provision Act and an estranged child may lodge a claim if they believe they’ve been unfairly left out or inadequately provided for. Courts don’t automatically uphold disinheritance based on estrangement. Instead, the Courts consider:
- The nature and cause of the estrangement;
- The financial position of the estranged child;
- The size and structure of the estate;
- The moral duty owed by the deceased; and
- Any attempts at reconciliation or ongoing support.
Even in cases of deliberate exclusion, a child may succeed if the Court finds the provision unreasonable in light of their needs and the deceased’s obligations.
How can you minimise the risk of a claim
While no strategy is foolproof, there are several ways to reduce your exposure:
- Document the Estrangement – Include a signed statutory declaration explaining the reasons for exclusion. Courts give weight to clear, contemporaneous evidence;
- Consider a Modest Bequest – Leaving a nominal amount rather than nothing can signal intent and reduce the likelihood of a successful challenge;
- Use Testamentary Trusts – Trusts can offer controlled access to funds and protect the estate from direct claims, especially where conditions or oversight are needed;
- Lifetime Asset Transfers – Gifting assets before death may reduce the estate’s value and limit what’s available for challenge. We can assist with Deeds of Gifts; and
- Seek Specialist Advice – Tailored legal advice is essential. A well-drafted will, supported by strategic estate planning, is your best defence against future disputes.
Final thoughts
Disputes involving estranged children are not rare. For families navigating complex relationships, proactive planning is essential. At Lavan, we approach these matters with legal solutions and deep empathy, helping clients protect their legacy while honouring their values.
If you are concerned about potential claims or want to ensure your estate plan reflects your wishes with clarity and strength, we may be able to assist.
Disclaimer
The information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.
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