Can I leave someone out of my will in NSW?
Writing a will is your chance to decide what happens to your assets after you pass away. So, can you leave someone out of it? The short answer: Yes - but it’s not always that simple.
In NSW, even if someone isn’t included in your will, they might still have the legal right to contest it. That means your wishes could be challenged after your death, and your estate could end up in dispute.
Here’s what you need to know before you leave someone out of your will.
Who can be left out of a will?
Legally, you’re free to leave your estate to whoever you choose. You’re not required to include adult children, siblings, or other relatives if you don’t want to.
But in NSW, certain people can still make a family provision claim if they believe they’ve been unfairly left out or not adequately provided for. These people include:
Your spouse or de facto partner
Your former spouse
Your children (including adopted children)
Stepchildren or grandchildren who were dependent on you
Anyone who lived with you and was financially dependent
A person in a close personal relationship with you
If they can show that you had a responsibility to provide for them and failed to do so, the court may override your wishes and award them part of your estate.
Can I stop someone from contesting my will?
Unfortunately, you can’t stop someone from trying to contest your will, but you can take steps to reduce the risk of a successful claim.
Here are a few strategies:
Include a written statement explaining your decision to leave someone out. While it won’t stop a claim, it can help show the court that your decision was deliberate and considered.
Provide for them in a smaller way (e.g. a modest gift), which may reduce their motivation to challenge the will.
Structure your estate carefully, e.g. through joint ownership or trusts - so that not all assets form part of your estate.
Seek legal advice to draft a watertight will and ensure your wishes are as contest-proof as possible.
What if I have good reasons to exclude someone?
You don’t have to include someone in your will just because you’re related. Estrangement, family conflict, or past abuse are all legitimate reasons people choose to leave someone out. If you have strong reasons, your lawyer can help you document them properly and advise on how best to structure your estate to avoid a successful claim.
Final thoughts
Leaving someone out of your will is your right - but if that person is legally eligible to contest it, your estate could end up in a costly and stressful dispute. At KM Legal, we help people across Penrith and Western Sydney draft clear, enforceable wills that reflect their wishes and reduce the risk of legal challenges. If you’re considering leaving someone out of your will, talk to us first - we can help you get it right.
Book a consultation at kmlegal.com.au/book
Your will, your way, with the right legal support.