Knowledge Bank
Can I Leave Unequal Shares In My Will?
Quick Answer
Yes.
There is no automatic rule requiring children or other beneficiaries to receive equal shares of your estate.
You may decide that different shares better reflect:
- financial assistance already provided during your lifetime;
- different needs or circumstances;
- care or support given by a family member;
- gifts intended for grandchildren, friends or charities; or
- other family and personal considerations.
An unequal distribution should be carefully considered and clearly expressed.
Some family members may still be able to make a claim against the estate, but unequal treatment alone does not mean that a claim will succeed.
Introduction
Many parents begin with the assumption that fairness requires every child to receive the same share.
Sometimes it does.
In other families, past assistance, differing needs, personal relationships or other responsibilities mean that equal shares may not reflect what the parent considers fair.
The central question is:
“Do I have to treat my children equally?”
The answer is no.
A Will carries that decision forward after the parent passes. Where beneficiaries are treated differently, the reason and intended outcome should therefore be understood clearly.
Equal Does Not Always Mean Fair
Equal treatment means giving beneficiaries the same share.
Fair treatment means considering the circumstances and deciding what outcome best reflects your intentions.
Sometimes those approaches lead to the same result.
Sometimes they do not.
For example:
- one child may already have received substantial financial assistance;
- one beneficiary may have a disability, illness or greater support needs;
- one family member may have provided significant care;
- a parent may want to benefit grandchildren or a charity; or
- particular assets or family arrangements may require different treatment.
None of these circumstances automatically determines what should happen.
They are matters to consider when deciding what you believe is fair and workable for your family.
Do Children Have To Receive Equal Shares?
No.
There is no general requirement that children receive equal shares or that the estate benefit children exclusively.
A Will may benefit:
- children or grandchildren;
- other relatives;
- friends;
- charities; or
- other people or organisations that are important to you.
The important issue is that the distribution reflects a deliberate and informed decision.
What Should Guide An Unequal Decision?
Before deciding to leave different shares, consider what you want the estate to achieve.
Useful questions include:
- Has one beneficiary already received significant assistance?
- Does someone have greater current or future needs?
- Am I recognising care, contributions or family responsibilities?
- Is the difference based on circumstances that may later change?
- Would I still regard the proposed outcome as fair after careful reflection?
- Will the distribution remain practical with the assets likely to form the estate?
The purpose is not to find a formula that applies to every family.
It is to make a decision that fits your circumstances and can be carried out as intended.
Unequal Shares Are Not The Only Option
Different treatment does not always require simply changing percentages.
A Will may instead:
- make a particular gift to one beneficiary;
- recognise substantial assistance already provided;
- provide additional support for someone with greater needs;
- benefit grandchildren or another generation;
- include a charity or another important person; or
- use a trust where management or protection serves a genuine purpose.
The structure should follow the objective rather than begin with a predetermined formula.
Practical Point
Where beneficiaries receive substantially different treatment, it may be helpful to record the reasons carefully.
This does not prevent a claim or guarantee that the decision will remain unchanged.
It may help show that the distribution was deliberate and based on circumstances you had considered.
The wording should remain measured and factual, particularly where family history may later be disputed.
Can An Unequal Distribution Be Challenged?
Potentially.
Some family members may be eligible to ask the Court for further provision from the estate.
However, receiving less than another beneficiary—or being unhappy with the distribution—does not by itself mean that a claim will succeed.
The Court considers the wider family and financial circumstances.
The detailed issue is explained in Can Adult Children Contest A Will In Western Australia?
Equal Shares Or A Fair Outcome?
A parent has three adult children.
One child previously received substantial help to purchase a home.
Another is financially independent.
The third has an ongoing disability and is likely to need greater support.
The parent could still divide the estate equally.
Alternatively, the parent may decide that different shares or arrangements better reflect the assistance already provided and the children’s future needs.
Neither outcome is automatically fair.
The important issue is that the parent understands the consequences and makes a deliberate decision based on the family circumstances.
Common Mistake
“Leaving someone a small amount will prevent them from challenging the Will.”
There is no fixed amount that removes an eligible person’s ability to make a claim.
A small gift may form part of the overall circumstances, but it does not provide automatic protection.
The decision should be based on the intended outcome—not on a formula believed to make the Will challenge-proof.
Final Thoughts
Equal shares may be appropriate for many families.
They are not automatically required, and they are not the only way to achieve a fair outcome.
Where beneficiaries are treated differently, the decision should reflect a clear purpose, the family circumstances and an understanding of the possible consequences.
The distribution may differ between beneficiaries, but the underlying intentions should remain clear to the people who later carry out the Will.