What happens when a parent dies and their child is left out of the Will — not by accident, but by design? Maybe they hadn’t spoken in years. Maybe there was hurt, conflict, silence. But now, the estranged child is left with nothing. Can they still make a claim? Should they?
It’s a situation more common than people realise, and one that’s rarely straightforward. Inheritance disputes involving estranged children sit at the intersection of law, legacy, and deeply personal family history. In this article, we unpack how estrangement is treated when it comes to inheritance and what you need to know if you’re making, defending, or challenging a Will.
What does ‘estranged’ mean in estate law?
Estrangement is a word we hear often in inheritance disputes, but it isn’t always clearly understood legally or emotionally.
In simple terms, it refers to a breakdown in a parent–child relationship where there’s been little or no contact over time. That breakdown might be mutual, or it might be driven by one party more than the other. Sometimes it’s the result of a falling out. Other times, it’s the slow drift of time, unresolved hurt, or deliberate distance.
When it comes to estranged children and inheritance, courts don’t treat estrangement as a disqualifier. Instead, they look at the whole picture, including how the estrangement occurred, what it ultimately meant, and whether a parent still owed a duty to provide for the child.
Importantly, being estranged doesn’t erase the legal relationship between parent and child. That’s why estrangement often forms the backdrop of contested Wills, rather than the end of the story.
Can estranged children inherit under Australian and WA law?
In Australia, parents generally have the freedom to leave their estate to whomever they choose. This is known as testamentary freedom. But that freedom isn’t absolute. In Western Australia and other states, certain people (including adult children) have the legal right to challenge a Will if they believe they haven’t been properly provided for.
This is where many myths about estranged children and inheritance take hold. A common myth is the idea that you can simply write someone out of your Will and that’s the end of it. The truth is, even if a Will excludes an estranged child completely, they may still be eligible to bring a claim under the Family Provision Act 1972 (WA). Whether they succeed depends on several factors. The key point is that, legally, estrangement doesn’t erase a parent-child relationship.
What courts consider when estranged children contest a Will
The nature and cause of the estrangement
Was the relationship breakdown mutual, or caused by one side? Did the parent cut off contact? Was the child’s conduct unreasonable or harmful? Courts carefully examine the cause and context of the estrangement, not just the fact that it existed.
Attempts at reconciliation
Courts also look at whether either side tried to repair the relationship. If the estranged child reached out and was rejected (or if both parties tried at different times), that can weigh in their favour.
Financial need and dependency
One of the most important factors is the child’s financial position. Are they struggling to support themselves? Do they have health issues or needs for care? Courts consider whether the child needs provision for their maintenance and support, especially if they were dependent on the deceased in the past.
Size of the estate and competing claims
The larger the estate, the broader the scope may be for a successful claim. However, courts also weigh up the rights and needs of other beneficiaries. An estranged child’s claim may be reduced if it would unfairly impact others, or if there’s limited money to go around.
No guaranteed outcome — but clear principles
In estranged children and inheritance matters, the court’s job is to balance the deceased’s wishes with their moral duty to provide for direct family members. The outcome depends on the strength of the child’s needs, the history of the relationship, and what the court sees as fair.
WA-specific rules: claims, time limits and court process
If you’re dealing with estranged children and inheritance in Western Australia, it’s essential to understand how WA laws shape what’s legally feasible. Claims generally follow specific procedures that are mainly governed by the Family Provision Act 1972 (WA) and the Administration Act 1903 (WA).
Who can make a family provision claim in WA?
Under section 7 of the Family Provision Act 1972 (WA), eligible people include a child of the deceased, whether or not they were financially dependent or actively involved in the deceased’s life at the time of death. This includes adult and estranged children, provided they can show they have been left without adequate provision
Time limits to contest a Will in WA
Strict deadlines apply. A Family Provision Claim must be filed within 6 months from the date when a Grant of Probate (if there’s a Will) or Letters of Administration (if there’s no Will) is issued by the Supreme Court of Western Australia. This deadline is set out in section 7(2) of the Family Provision Act 1972 (WA). Extensions may be granted, but only in limited circumstances.
The court’s process
Once a claim is lodged, the court will usually require all parties to attend mediation before anything goes to trial. Mediation is a structured process where both sides try to reach a resolution with the help of a neutral mediator. And it works.
In our Inheritance State of Play Snapshot, we found that around 87% of mediations result in changes to the original distribution set out in the Will. Most family provision claims settle without the need for court, which often saves time, stress and legal costs.
What about intestacy?
If someone dies without a valid Will (known as dying ‘intestate’) their estate is distributed according to a fixed formula under the Administration Act 1903 (WA). Children (including estranged children) are included in this formula. That means they may still inherit even if their relationship with the deceased had completely broken down – the law doesn’t automatically exclude people based on personal history.
What to do if you’re an estranged child left out of a Will
Being excluded from a parent’s Will can be deeply painful, even if the relationship has broken down. But in Western Australia, you may still have legal grounds to make a Family Provision Claim. Here’s what we recommend you to do if you think you’ve been treated unfairly.
Step 1 – Get legal advice early
Don’t wait. You only have six months from the date probate is granted (or Letters of Administration are granted) to make a claim under the Family Provision Act 1972 (WA). The sooner you speak to an experienced estate litigation lawyer, the more time you’ll have to assess your case properly and prepare.
Step 2 – Gather evidence
Collect anything that helps show:
- Your current financial situation
- Your relationship history with the deceased
- Any attempts to reconnect or reconcile
- Your health, care responsibilities, and other needs
This might include bank statements, medical documents, texts, emails, or even statements from others who knew your situation.
Step 3 – Understand what you’re asking for
Courts don’t just hand out equal shares. They look at whether you’ve received adequate and proper provision for your maintenance and support. That might be a modest amount that isn’t the same as what other beneficiaries received.
Step 4 – Prepare for mediation
Most estranged children and inheritance disputes resolve without trial. Mediation is often quicker, cheaper, and less emotionally draining than litigation, and allows both sides to have a say in the outcome.
Advice for parents: Planning ahead when estrangement exists
If you’re making a Will and have an estranged child, careful planning can reduce the risk of future legal challenges. Here’s what to consider:
- Write down your reasons – Use a statutory declaration or signed letter to explain the estrangement and your intentions. It may be used as evidence if your Will is contested.
- Leave something, not nothing – A relatively small or symbolic gift may deter a challenge by reducing the financial incentive to contest.
- Use testamentary trusts – If you want to provide limited or controlled support, a trust can help manage how funds are accessed.
- Keep your Will up to date – Changes in family dynamics or finances should be reflected in your estate plan, including any superannuation or jointly owned property.
Getting advice early can help protect your wishes and prevent conflict later on.
Take control of your inheritance issue
Inheritance issues involving estranged children are emotionally charged and legally complex. Estrangement doesn’t erase a child’s legal rights, and writing someone out of a Will doesn’t always prevent a challenge. The best way to avoid unnecessary conflict is to understand the law and plan carefully.
At Solomon Hollett Lawyers, we guide people through these situations with clear advice and practical strategies. If you’re facing an inheritance dispute or need help with your estate plan, book a free 15-minute phone call with our team. It’s a simple first step toward getting the clarity you need.
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