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Diane S.
Diane S.
Oxenford, QLD

Regarding Wills.
Wishing to make out a will and living in Queensland. Do I have to include my children in the will. I would prefer not to mention them but was told that legally I cannot exclude them from my will.
Many Thanks

6 years ago


Your children are one of the few who can easily contest your will.
From comment I have read over the years, it may be a better idea to mention them, even if you are specifically not leaving them anything, or give them a token amount. That way you have considered them and made a specific decision regarding your estate. Same goes for any other parts of the family.
Please get decent legal advice, as the laws may differ from state to state, and my experience is directed at WA situations.

As a general rule you should always seek legal advice from a solicitor. If you are planning to leave everything to your spouse and don’t see why you should mention your children, you should include the children in case your spouse dies before you do. If you aren’t leaving anything to a child or any of your children you will need to consider carefully your position. You should discuss this with a lawyer. You should be aware that in Queensland a child who feels they should have been included in the will can bring an application for what is now called “family provision” which was previously called an application for “testator’s family maintenance.” It is a reasonably complex area of law but you can get a very general background here, before you sit down to speak with a lawyer for more specific advice. https://queenslandlawhandbook.org.au/the-queensland-law-handbook/contracts-money-and-property/wills-and-estates/contesting-a-will/ and

Patrick Earl
Senior Solicitor
Armstrong Doessel Stevenson Lawyers

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