Disinheriting a child is one of the hardest choices a parent can make. Sometimes it follows years of conflict or estrangement; other times, it’s about protecting the rest of the family from further harm.

But even when the decision feels necessary, it rarely ends there. In Queensland, the law gives you freedom to decide who inherits your estate—but that freedom is not absolute. Under the Succession Act 1981 (Qld) (the Act), a disinherited child may still challenge your Will and ask the court for provision.

This article explains what happens when a parent disinherits a child in Queensland, how the courts handle these cases, and the steps you can take to strengthen your wishes.

Testamentary Freedom in Queensland

The law protects your right to decide who inherits from your estate—this is known as testamentary freedom.

Technically, you may exclude anyone from your Will. But two points are critical:

• You must make your intention clear. Simply omitting a child isn’t enough; your will should state directly that the exclusion is deliberate.
• That exclusion doesn’t prevent your child from making a claim against your estate.

Can I Really Exclude a Child from My Will?

In short: Yes, you can. But excluding a child doesn’t guarantee they’ll receive nothing.

Under the Act, all children—including biological, adopted, and in some cases stepchildren—have the right to apply to the Supreme Court of Queensland for what’s called a Family Provision Order if they consider that your Will fails to provide for their reasonable needs.

This means the court can override your decision if it considers your child’s needs justify it.

Understanding Family Provision Claims

If your disinherited child decides to challenge, they must apply within 9 months of your death.

The court will weigh up:

• Your child’s financial needs and resources
• The size and nature of your estate
• Your relationship with your child
• Your stated reasons for excluding them
• Competing claims from other beneficiaries
• What society reasonably expects a parent to provide

Take note: Even if you were estranged, that fact alone won’t disqualify your child. If they’re struggling financially, their chances of success may increase.

Strengthening Your Decision to Disinherit

If you are set on excluding a child from your Will, careful planning is essential. The steps you take in advance will make your decision far more likely to withstand scrutiny:

1. Put Your Reasons in Writing

Courts want to understand why you excluded a child. Consider:

• Statutory Declaration: A signed statement explaining your decision, including specific incidents or patterns of behaviour, financial circumstances, and how the relationship broke down. You may access the form here.
• Letter of Wishes: Attached to your Will, this letter provides context and reinforces your intentions. It must be noted, though, that this document is not binding.

2. Use Clear Language

Ambiguity invites challenges. Including a statement such as: ‘I make no provision for my son [name], and this decision is intentional’ leaves no ambiguity about your wishes.

3. Consider a Nominal Provision

Sometimes, leaving a modest sum (e.g., $1,000) is better than leaving nothing. It shows the court you considered your child but made a conscious choice to limit their share.

4. Understand the Limits of “No Contest” Clauses

You can include a clause that cuts out anyone who contests the Will. But in Queensland, these don’t stop valid family provision claims.

When Disinheritance Is More Likely to Hold

The strongest cases involve what courts call disentitling conduct—serious behaviour justifying exclusion.

Examples include:

• Violence or Abuse: Physical harm, emotional abuse, or intimidation.
• Serious Criminal Behaviour: Crimes against you, or criminal activity that caused family breakdown.
• Abandonment or Neglect: Severing ties without justification or failing to support you in times of need.
• Financial Misconduct: Stealing, exploiting your finances, or pressuring you for money.

The court applies a balancing test: the more serious your child’s financial need, the more serious their conduct must be to justify exclusion.

Case Spotlight

In Savage v Savage [2023] QSC 280, the Supreme Court of Queensland dealt with the most extreme example of disentitling conduct: a daughter who killed her father. The father died in 2000, and his daughter was later convicted of his murder and sentenced to life imprisonment.

What the Will said

• The estate was to be divided equally among the children once each turned 25.
• The Will also said that if a child died before the testator (the Will-maker), that child’s share would instead go to their children (the grandchildren).

The legal question

Because the daughter murdered her father, the forfeiture rule applied, and she was barred from inheriting. Her three children argued that the gift-over clause meant they should receive her share.

The Court’s decision

• Justice Burns confirmed the daughter could not benefit from the estate.
• The gift-over clause did not assist her children because it only applied if she had predeceased the father. She had survived him but was disentitled by her crime.
• The Court would not imply intentions not written in the Will.
• Her share therefore failed and was redistributed among the other beneficiaries.

Key lessons for testators

• Murder automatically disinherits — you don’t need a special clause.
• Gift-over clauses are narrow — they only apply to the exact circumstances you describe.
• Courts will not “fill in the blanks”; if you want to cover more scenarios, be explicit.
• While this was the most extreme form of conduct, excluding someone for lesser misconduct requires clear drafting and supporting evidence.

What Courts Don’t Consider

Not every family conflict is grounds for disinheritance. Courts don’t usually accept:

• Personality clashes
• Lifestyle or career choices you dislike
• Marrying a partner you disapprove of
• Religious or political differences
• Geographic distance or infrequent visits

Alternatives to Complete Exclusion

If you’re concerned about a challenge, there are ways to limit your child’s inheritance without cutting them out entirely:

• Testamentary Trusts: Provide benefits under strict conditions, controlling how funds are used.
• Conditional Gifts: Make provision dependent on reasonable conditions, such as completing rehabilitation.
• Staggered Distribution: Release inheritance in stages to encourage responsibility.

These options show the court you’ve considered your child’s needs, while still protecting your assets.

Protecting Your Estate

Planning ahead can reduce the risk of successful challenges. Practical steps include:

• Updating your Will regularly: Shows you’ve thought through your decisions over time.
• Seeking legal advice: A seasoned lawyer, like one of our Estate Planning Lawyers Gold Coast, can help draft a defensible Will.
• Communicating openly: In some families, a frank discussion helps manage expectations.
• Restructuring assets: Use trusts, superannuation nominations, or lifetime gifts to reduce what forms part of your estate.

Timing Matters

Disinheritance decisions should be made while you have full mental capacity. Wills prepared when someone is unwell or vulnerable are more open to challenge on grounds such as lack of testamentary capacity or undue influence.

Conclusion

You can disinherit a child in Queensland, but it’s not straightforward. Even with clear instructions, the law allows children to challenge if they’ve been left without adequate provision.

Your best chance of success lies in:

• Documenting strong reasons
• Using unambiguous wording
• Exploring alternatives to outright exclusion
• Getting tailored legal advice

Disinheritance should be seen as a last resort, used when there are compelling grounds and when other strategies aren’t suitable.

How Frigo James Legal Can Help

At Frigo James Legal, we understand that disinheriting a child is never an easy choice. That is why our Wills And Estes Lawyers Gold Coast work closely with you to:

• Record your reasoning in a way the courts will respect
• Reduce the risk of a successful challenge
• Explore trusts and other strategies to protect your estate
• Draft a Will that reflects your wishes and stands up to scrutiny

Whether you’re planning or defending a contested estate, we combine technical expertise with sensitivity to complex family dynamics. Get expert advice today – don’t hesitate to call us or send us a message.