Few questions in succession planning carry more weight. Parents who ask it are not just seeking legal clarity, they are grappling with broken relationships, disappointed expectations and the legacy they will leave behind.
Estrangement is painful in life, and it can be even more destructive after death. Without a carefully structured plan, an estranged child can, and often does, challenge a Will. The result is years of litigation, depleted wealth and families torn apart.
This is not a hypothetical risk. Inheritance disputes are rising across Western Australia. The Great Wealth Transfer is already underway, and the Court’s lists are swollen with inheritance claims.
Advisors who work with families – accountants, financial planners, lawyers – are all seeing this play out in real time.
The law
At first glance, the answer to the question is simple: no child has an automatic right to inherit.
But under the Family Provision Act 1972 (WA), any child is eligible to bring a claim if they believe they have not received “adequate and proper” provision from the Will. That claim may succeed if they were left out entirely, or even if given a token gift.
The Court looks at the child’s circumstances in detail: their age, income and earning potential, assets and liabilities, dependents, and their future needs.
It balances this patchwork of circumstances against the size of the estate, competing claims from other beneficiaries, and the parent’s moral duty to that child.
Sometimes the conduct of the child is sufficient to ’disentitle’ them from an otherwise successful claim. This is a very high bar to reach.
Generally, estrangement alone does not remove eligibility. It is one factor the Court will weigh. The central question is whether, despite the history, the child has been left without adequate provision.
Estrangement and the courts
Estrangement is complex. It can mean distance after a falling out, ongoing conflict, or a complete freeze-out. The Court goes further than labels. Examining an estrangement involves asking:
- How did the estrangement come about?
- How long did it last?
- Who was responsible?
- What evidence supports this?
Simply being distant, or on poor terms is not enough to disqualify a claim. Only serious, disentitling conduct — proven through evidence — is likely to prevent an award of provision.
The risk
Challenges from estranged children are not rare. Recent data shows around half of successful family provision claims in WA come from children.
Our own research echoes this: 60% of West Australians expect an inheritance dispute in their family’s future.
The risks for families are significant:
- Financial: defending a claim can cost hundreds of thousands of dollars, with limited prospects of recovering costs, even if you win.
- Delay: litigation can take years, leaving estates in limbo.
- Stress: disputes consume families at a time of grief.
- Relationships: family bonds are irretrievably broken, and parties often never reconcile.
- Legacy: the parent’s wishes are set aside and assets redistributed.
Even unsuccessful claims bring cost, delay, and strain.
What can be done
The good news is that families can act now to reduce these risks. The right plan, made early and reviewed regularly, can protect an estate from even determined challenges.
Key strategies include:
- Making provision: in some cases, leaving an estranged child a structured and controlled share of the inheritance can reduce their motivation or standing to challenge.
- Family engagement: collaborative or facilitated conversations can uncover and address grievances before they become disputes. Harmony may not be restored over night, but sometimes this can reduce greater heartache later on.
- Evidence: where exclusion is intended, carefully documenting the reasons for and the history of the estrangement is critical. Preserve the first-hand evidence.
- Structuring: moving wealth outside of the estate, where appropriate, is often the strongest shield. This must be balanced with tax and commercial implications and done alongside trusted advisors.
DIY Wills or generic online templates do not withstand this level of scrutiny.
Protecting wealth and legacy in complex families requires tailored, strategic advice — the kind that comes from experienced succession lawyers who deal with these disputes firsthand.
Moving forward
For families with significant wealth, businesses, or complex dynamics, this is not an issue to leave unanswered. The risks of a dispute that brings delay, cost, and broken legacies are too high.
Succession planning is about more than documents. It’s about protecting family, wealth, and legacy. It requires clear-eyed advice, proactive choices, and the willingness to confront difficult truths today so that tomorrow is not defined by conflict.
At Solomon Hollett, our estate planning lawyers in Perth work closely with families and their advisors to craft plans that are durable, strategic, and capable of withstanding the pressures of estrangement. The goal is simple: to honour your intentions and preserve what matters most.
