Unequal inheritance is a common source of conflict in Western Australian estates. Giving more to one child, leaving less to another, or accounting for previous gifts can all create tension.
If not managed properly, these decisions can lead to disputes, damaged relationships, and legal action.
This article explains how to approach unequal inheritance with clear planning and sound legal strategy, so your intentions are respected and your estate is protected.
What is unequal inheritance and why it happens
Unequal inheritance means leaving different amounts or types of assets to different beneficiaries in a Will. It can involve giving one child a larger share of the estate, excluding someone entirely, or providing additional support to a person with specific needs.
There are many reasons people choose to divide their estate unequally:
- Care responsibilities – A child who provided support during illness or old age may receive more.
- Financial need – A beneficiary facing hardship or disability may be allocated a greater share to ensure ongoing financial support.
- Estrangement – Family breakdowns or long-term absence can result in reduced or no provision.
- Previous gifts – Where one child has already received significant financial assistance during the life of the will maker, the will maker might try to equalise this through their Will.
- Business succession – A family business may be left to one child who has contributed to or intends to continue running it.
These choices are often personal and valid. But they can become highly contentious without the right planning and communication.
Unequal inheritance in WA: What the law says
In Western Australia, you have the legal right to leave your estate to whoever you choose. This is called testamentary freedom. But that freedom is not absolute.
Under the Family Provision Act 1972 (WA), certain people can challenge a Will if they believe they were not properly and adequately provided for. These claims are known as family provision claims. People eligible to make a claim include:
- A spouse or de facto partner
- A child (or stepchild who was financially dependent on the deceased)
- A grandchild who was financially dependent on the deceased
- A parent who was being maintained by the deceased
To succeed, a claimant must show that the Will failed to make adequate provision for their proper maintenance, support, or advancement in life. The court will consider several factors, including:
- The financial situation of the person making the claim
- The size and nature of the estate
- The relationship between the person and the deceased
- Any obligations or responsibilities the deceased had to them
- The financial positions and relationships of any other persons who have a claim on the estate
Additionally, there is a strict time limit. Claims must be made within six months from the date of the grant of probate, otherwise leave of the Court is required to commence your claim. Unequal inheritance is allowed under WA law, but it must be approached with care to avoid challenges later.
Preventing conflict: how to plan unequal inheritance wisely
Unequal inheritance often becomes a problem not because of the decision itself, but because of how it’s handled. Here are steps that can reduce the risk of dispute.
Start the conversation early
Discuss your intentions with your beneficiaries ahead of time. Clear communication can help them understand your decisions and reduce the risk of confusion, disappointment, or conflict after your death.
Document your reasoning
Consider preparing a Letter of Wishes or statutory declaration, in addition to your Will. While not legally binding, it can explain why you made certain decisions. It can also help your executor defend the Will if it’s challenged. Preparing private documents like these is far more preferable than including detailed reasoning in the Will itself, as once a grant of probate of the Will is made, the Will becomes a public document.
Use trust structures where appropriate
A testamentary trust can protect a beneficiary’s inheritance from creditors, relationship breakdowns, or poor money management. It can also allow you to control how and when assets are distributed. If a beneficiary has a disability, a Special Disability Trust may offer a tax-effective way to provide long-term support.
Consider earlier financial gifts
Sometimes, parents help one child during their lifetime (for example, a house deposit or business loan). If this support is significant, it may be fair to adjust their inheritance accordingly. Properly record and document any loans or gifts clearly to avoid confusion or claims of unfairness.
Review your Will regularly
Life changes, and so should your Will. Update your estate plan after significant events like a divorce, new child, estrangement, or sale of major assets. This ensures your intentions stay current and your Will remains effective.
What happens if there’s a dispute?
Inheritance disputes are no longer rare. They are increasing in both frequency and intensity across Western Australia. In our 2025 Inheritance State of Play in WA Report, it revealed how 60% of Western Australians expect an inheritance dispute within their family, often triggered by estrangement, second marriages, or disputes over the family home or sentimental items. In fact, most challenges to Wills in WA come from immediate family, with adult children making up the largest group of claimants. And when these matters do reach court, the success rate is high — 74% of contested Wills end with a change in distribution. Disputes can arise when:
- A Will appears unfair or confusing
- A dependent has been left out or underprovided for
- Estranged family members re-emerge after death
- Verbal promises made during life don’t match what’s in writing
If you’re navigating one of these situations, the process usually starts with negotiation or mediation. Mediation is highly effective, with around 87% of disputes resolving before trial. But if needed, the matter may proceed to the Supreme Court under the Family Provision Act 1972 (WA). To explore this further, read our guide on Navigating Inheritance Disputes Between Siblings.
Fairness is in the planning but fair doesn’t mean equal
Unequal inheritance can be a valid and considered choice, but without clear planning, it often leads to tension or legal challenge. If you’re thinking about leaving unequal gifts in your Will, it’s essential to document your reasoning, communicate where possible, and use the right legal tools to protect your wishes. At Solomon Hollett Lawyers, our estate planning lawyers in Perth work closely with individuals and families to create robust, thoughtful estate plans that reduce the risk of disputes and reflect your true intentions. Careful planning today can protect your legacy tomorrow.
