Do Adult Children Have a Right to an Inheritance in NSW?
Published: 28 July 2026 | Last Updated: 28 July 2026
It's one of the more confronting things that can happen for a family in an estate - an adult child left out of a will entirely, or given noticeably less than their siblings. It raises an obvious question: don't adult children have a right to inherit?
The short answer
No, not automatically. In NSW, a parent isn't legally required to leave anything to their adult children: you're generally free to leave your estate however you choose. But that's not quite the end of the story.
Where a claim can come in
Adult children are recognised as “eligible persons” under the Succession Act 2006 (NSW), which means they can apply to the Supreme Court for a family provision claim if they believe the will doesn't adequately provide for them. Being an eligible person doesn't guarantee a claim will succeed, it just means the door is open to ask the court to look at it.
What the court actually weighs
For adult children specifically, the court looks closely at the relationship between parent and child, the child's financial position and needs, whether they're able to support themselves, and any contribution they made to the parent's welfare or estate, such as unpaid work on a family property or business. An adult child in a strong financial position with a distant relationship is treated differently to one who is financially vulnerable, or who cared for a parent for years.
Reasons courts also consider
Courts don't ignore why a parent made the choice they did. Prior financial support already given, estrangement, or other family circumstances can all be relevant to whether, and how much, provision should be adjusted.
Some people choose to record their reasons in writing to be stored with their will. This is often referred to as a “section 100 statement” after the part of the Succession Act 2006 (NSW) that allows it to be used as evidence in an estate dispute. It isn’t legally binding, but it can be taken into account by the court, giving your reasoning a voice even after you're gone.
A tight time limit
In NSW, you generally have 12 months from the date of death to file a family provision claim with the Supreme Court. And these time limits apply whether you knew about the death or not. The court can extend that window in limited circumstances, but it's never guaranteed, so getting advice early gives you the best chance of keeping your options open.
How this often plays out
Many of these situations are resolved through negotiation between the parties rather than a full court hearing, which often the better outcome. Court proceedings can be costly, sometimes eating significantly into the estate itself, so it's usually worth genuinely trying to resolve things directly first.
By Jessica Spence | Wills and Estates | Orange NSW
This article is general information only and does not constitute legal advice. Your circumstances are unique, if you have questions about your situation, please get in touch for advice specific to you.