How To Exclude Someone From Your Will (Australia)

Excluding someone from your Will is legally possible in Australia — but doing it properly matters. Simply leaving someone out is not always enough. If your intentions are not clearly expressed, your Will may be more vulnerable to challenge.

In this guide we explain what a Will does, when people choose to exclude someone, when courts may allow a challenge, how to properly exclude someone, and how to add a clear exclusion clause inside your online Will.

What is a Will?

A Will is a legally binding document that sets out:

• Who receives your assets (property, money, possessions)
• Who manages your estate (your executor)
• Who cares for minor children (if applicable)
• Any specific gifts or instructions

In short, your Will determines who inherits your estate — and who does not.

Why would someone want to exclude a person from their Will?

There are many legitimate and common reasons. Examples include:

Relationship changes

• An estranged adult child
• A former spouse or partner
• A step-child where there is no financial dependency
• Family disputes
• Blended family arrangements

Financial independence

• A beneficiary who has already received significant financial support

Estate protection strategy

• A desire to protect assets for a particular child or spouse

Every family situation is different. In more complex estates, it is often important to make your intentions explicit — particularly where someone might otherwise expect to inherit.

Is it enough to simply leave them out?

Not always. Simply omitting someone can create ambiguity — a court may later have to determine whether you forgot them, intended to exclude them, or the omission was accidental. Adding a clear exclusion clause strengthens your position by demonstrating that the exclusion was deliberate. This does not prevent all legal challenges, but it reduces ambiguity.

Can you legally exclude someone from your Will in Australia?

The general rule: testamentary freedom

In Australia you generally have the right to decide who inherits your estate. This is known as testamentary freedom. However, there is an important exception.

Family Provision claims (all Australian states and territories)

Each Australian state and territory has laws allowing certain eligible people to challenge a Will if they believe they were not adequately provided for. These typically include (depending on the state or territory):

• A spouse or de facto partner
• A former spouse
• Children (including adult children)
• Step-children (in some circumstances, often where dependency existed)
• Financial dependants

Relevant legislation includes:

• NSW — Succession Act 2006 (NSW)
• VIC — Administration and Probate Act 1958 (Vic)
• QLD — Succession Act 1981 (Qld)
• WA — Family Provision Act 1972 (WA)
• SA — Inheritance (Family Provision) Act 1972 (SA)
• TAS — Testator’s Family Maintenance Act 1912 (Tas)
• ACT — Family Provision Act 1969 (ACT)
• NT — Family Provision Act 1970 (NT)

Time limits apply to bringing Family Provision claims and vary by state.

If an eligible person brings a Family Provision claim, the court considers their financial need, the size of the estate, the nature of the relationship, any moral obligation (sometimes referred to as the “moral duty” of a testator), and your expressed intentions.

Important: An exclusion clause does not automatically prevent a claim. Courts focus primarily on adequacy of provision rather than the emotional reasons for exclusion. Australian courts have confirmed that adult children may still succeed in Family Provision claims even where they have been excluded, depending on the circumstances. However, courts will consider clear drafting as evidence of deliberate intention.

When are courts more likely to intervene?

Courts are generally more likely to intervene where:

• A dependent minor child is excluded
• A financially dependent adult child is excluded
• A long-term spouse receives nothing

Courts may be less likely to intervene where:

• An adult child is financially independent
• There has been long-term estrangement
• The estate is modest and the person is not dependent

Every case is fact-specific.

Does excluding someone increase the risk of a challenge?

Not necessarily. The risk depends on whether the person is eligible under Family Provision legislation, whether they were financially dependent, and the size of your estate. In some situations, clearly stating your intention may reduce ambiguity-based disputes.

How to properly exclude someone from your Will

Best practice includes:

• Adding a clear exclusion clause
• Naming the person explicitly
• Avoiding vague or emotional language
• Ensuring your Will is properly signed and witnessed

Will Hero is an online Will platform that allows you to add a structured exclusion clause yourself — directly inside your Will — in just a few clicks.

How to Exclude Someone from Your Will Online in Australia (Step-by-Step)

Many people assume excluding someone requires a lawyer-drafted clause. With Will Hero’s online platform, you can add a structured exclusion clause yourself, directly within your Will. The feature is part of our provisions library. Here’s how to use it.

Step 1: Open your Visual Will

From your dashboard, open your Visual Will.

Step 2: Select “Provisions”

On the Visual Will screen, select Provisions.

Step 3: Select “Exclude”

Within Provisions, choose Exclude.

Step 4: Choose the person you wish to exclude

Select the person (or people) you want to formally exclude from your Will.

Step 5: Will Hero inserts the clause

Once selected, Will Hero inserts a legally structured exclusion clause into your Will stating that you do not wish that person to receive any benefit under your Will and that the exclusion is deliberate. This removes ambiguity and makes your position clear.

What happens at probate?

When a Will is reviewed for probate, the court assesses whether the Will is formally valid and properly executed. Clear drafting is taken into account, and express exclusions demonstrate deliberate intention. If a Family Provision claim is brought, the court will still assess eligibility — but your clearly stated wishes form part of the overall evidence.

Final thoughts

Excluding someone from your Will is legally possible in Australia — but clarity matters. Simply leaving someone out can create uncertainty. A clearly drafted exclusion clause reduces ambiguity and strengthens your expressed intentions.

Will Hero allows you to add a structured exclusion clause directly within your online Will, in just a few steps. Succession law varies by state — so whether you’re in NSW, Queensland, Victoria, Western Australia, South Australia or elsewhere, ensure your Will is legally valid and properly signed. If you need to make your wishes unmistakably clear, you can create your Will online with Will Hero today.