Can an Estranged Child Still Inherit? What Recent NSW Cases Tell Us

Many people assume that if an adult child has had little or no contact with a parent for years, the child will have no right to make a claim against the parent's estate. However, this is not necessarily the case.

Recent decisions of the Supreme Court of New South Wales demonstrate that an estranged adult child may still be able to make a successful family provision claim against a parent's estate.

Can an estranged child make a claim against an estate?

Yes. Under the Succession Act 2006 (NSW), an adult child can be an "eligible person" who may apply for a family provision order. However, being eligible to make a claim does not mean that the claim will automatically succeed.

The Court considers whether the deceased person made adequate provision for the applicant's proper maintenance, education or advancement in life. If the Court determines that adequate provision was not made, it may make an order for further provision from the estate. The Court considers the individual circumstances of each case, including the relationship between the deceased and the applicant, the applicant's financial and personal circumstances, the size and nature of the estate, the circumstances of other beneficiaries and the deceased's reasons for making their Will.

This means that estrangement is relevant, but it does not automatically prevent an adult child from making a claim.

Re Estate Mitchell; Gould v Bachell [2026] NSWSC 516

Susan Mitchell died in August 2023, aged 69. Her estate had a net distributable value of approximately $2.37 million. Ms Mitchell had three adult children, Julia, Ella and Campbell. However, she had been estranged from them for more than 20 years following the breakdown of her marriage in 2001.

Ms Mitchell's Will left her estate to her niece, Penelope Bachell. Ms Bachell had lived with Ms Mitchell from approximately the age of 15 and had developed a close relationship with her. The Court accepted that their relationship was similar to that of a mother and daughter and that Ms Bachell had provided significant support and care to Ms Mitchell. Despite the lengthy estrangement, all three children brought family provision claims against the estate.

The Court considered the history of the relationship between Ms Mitchell and her children, including the circumstances surrounding the estrangement.

The Court found that the children's estrangement arose in the context of a bitter breakdown of their parents' marriage and that the children had experienced significant emotional consequences as a result.

Ultimately, the Court determined that each of the three children had been left without adequate provision for their proper maintenance, education and advancement in life. The Court therefore made provision for each child, ordering payments of:

• $200,000 to Julia;
• $350,000 to Ella; and
• $200,000 to Campbell.

The balance of the estate remained with Ms Bachell as the residuary beneficiary.

The case demonstrates that a deceased person's decision to leave an estranged child out of their Will, will not necessarily be upheld simply because the estrangement has existed for many years.

Does estrangement matter?

Yes, but it is only one part of the overall picture. The Court does not simply ask whether a parent and child were estranged. It may consider why the estrangement occurred, who was responsible for it, the circumstances surrounding the breakdown of the relationship and the impact of the relationship on both parties.

The financial and personal circumstances of the child will also be relevant. For example, an adult child with significant financial resources and few personal needs may be in a different position from an adult child experiencing financial hardship, illness or other significant circumstances.

The circumstances of the other beneficiaries are also important. A Will-maker may have good reasons for wanting to provide for another person, particularly where that person has provided substantial care and support during the Will-maker's lifetime.

The Court therefore seeks to balance the competing circumstances rather than simply dividing an estate equally between the deceased's children.

Can a Will-maker explain why they have excluded a child?

If a Will-maker intends to exclude an adult child, or leave that child significantly less than other beneficiaries, it is important to properly document the reasons for that decision.

One option is to prepare a statement under section 100 of the Succession Act 2006 (NSW).

A section 100 statement can allow statements made by the deceased during their lifetime to be admitted as evidence in family provision proceedings, subject to the requirements of the legislation.

The statement can record the Will-maker's reasons for making the provisions contained in their Will.

For example, a Will-maker may wish to explain:

• the nature and history of their relationship with the estranged child;
• when and how the estrangement occurred;
• the reasons for the breakdown of the relationship;
• any attempts made to repair or maintain the relationship;
• financial assistance or other support previously provided to the child;
• the child's financial circumstances, to the extent known to the Will-maker;
• the circumstances of other beneficiaries; and
• why the Will-maker considers the provision made under their Will to be appropriate.

The purpose is to provide the Court with contemporaneous evidence of the Will-maker's intentions and the circumstances known to them when they made their estate planning decisions.

What should you do if you are estranged from your child?

If you are considering excluding an adult child from your Will, you should not simply assume that the child will have no rights because you have been estranged. You should obtain legal advice about your circumstances and consider whether a section 100 statement should be prepared alongside your Will.

Your solicitor can help you consider:

• who may be eligible to make a family provision claim;
• the nature and history of your relationship with each child;
• the reasons for any estrangement;
• the financial and personal circumstances of your children;
• the circumstances of other beneficiaries you wish to provide for;
• your reasons for making the proposed distributions; and
• whether additional estate planning measures may be appropriate.

Your Will and any supporting statement should accurately reflect your wishes and the circumstances in which those wishes have been formed.

What if you have been left out of your parent's Will?

If you are an adult child who has been excluded from your parent's Will, you should not assume that the estrangement means you have no rights. Depending on the circumstances, you may be eligible to make a family provision claim against the estate.

The outcome will depend on the particular circumstances of your relationship with the deceased, your financial and personal circumstances, the size and nature of the estate, the circumstances of other beneficiaries and the reasons for the deceased's testamentary decisions.

There are also time limits that may apply to family provision claims, so it is important to obtain legal advice promptly after the death of a parent.

The key takeaway

Recent NSW cases demonstrate that an estranged child may still be able to make a successful claim against a parent's estate. A lengthy period of estrangement does not, by itself, prevent an adult child from bringing a family provision claim.

For Will-makers, this is an important consideration when deciding how to distribute your estate.

If you have an estranged child and intend to leave them out of your Will, or provide them with less than other beneficiaries, you should consider obtaining legal advice about documenting your wishes and the reasons behind them. A section 100 statement may form an important part of that estate planning, although it cannot guarantee that a future family provision claim

will fail.

How Lawgix Can Help

Estate planning is about more than deciding who will receive your assets. Where family relationships are complex or there has been a period of estrangement, it is important to ensure your estate planning reflects your wishes and considers the potential for a future family provision claim.

At Lawgix, we can assist you with preparing and reviewing your Will and other estate planning documents, including providing advice about your options where you have concerns about a potential challenge to your estate.

Whether you are considering excluding an adult child, preparing a section 100 statement, updating your estate plan following a change in your family circumstances, or seeking advice after being excluded from a parent's Will, our team can assist you in understanding your legal position and options.

Contact Lawgix today to discuss your estate planning needs with our team.