Estate Planning and Making a Will Without Children: A Practical Guide

Author: Abbey John
Reviewed by: Abbey John, Principal Lawyer
Published: [Genuine publication date]
Last reviewed: [Genuine legal-review/update date]
Jurisdiction: General Australian information — state and territory laws differ.

When you do not have children, deciding how your estate should be distributed can require careful consideration. Your wishes may involve a partner, parents, siblings, extended family, friends, charities or other people and organisations that are important to you.

Estate planning gives you an opportunity to consider who you want to benefit from your estate, how your assets should be dealt with and what should happen if your circumstances change.

A carefully prepared Will can provide clearer instructions for those responsible for administering your estate and help ensure your wishes are properly considered.

What Should You Consider When Making a Will Without Children?

1. How Much Should Go to Your Partner?

Many couples choose to leave some or all of their estate to each other. If this reflects your wishes, it is also worth considering what should happen after the surviving partner dies.

For example, you may want the remaining estate to:

• Be divided between both families
• Pass to particular relatives
• Benefit friends or other individuals
• Support a charity or community organisation
• Be distributed in another way that reflects your wishes

Considering the second stage of your estate plan can be particularly important where you want your assets to ultimately benefit particular people or organisations.

2. Who Would You Like to Benefit?

Not having children does not mean you have fewer choices about who can benefit from your estate.

Depending on your circumstances, you may wish to provide for:

• Parents
• Brothers and sisters
• Nieces and nephews
• Other relatives
• Close friends
• Step-family or extended family
• Charities or community organisations

You can decide whether beneficiaries should receive equal shares or different amounts, subject to the laws applicable to your circumstances.

3. Are There Specific Gifts You Want to Leave?

You may have particular assets or possessions that you want to leave to specific people.

These could include:

• Jewellery and watches
• Family heirlooms
• Artwork or collectibles
• Personal belongings
• Property
• Investments
• Cash gifts

Your Will should clearly identify your intentions and consider what should happen if a person you have named as a beneficiary dies before you.

4. What Happens If a Beneficiary Dies Before You?

It is important to consider what should happen if one of your intended beneficiaries dies before you.

For example, if you leave an inheritance to a sibling, you may want their share to:

• Pass to their children
• Pass to another beneficiary
• Be distributed in another way specified in your Will
• Pass to a charity or organisation

The appropriate approach will depend on your wishes and circumstances. Clear drafting can help reduce uncertainty about what you intended.

5. Could Someone Make a Claim Against Your Estate?

Not having children does not necessarily mean that your estate cannot be challenged.

Depending on your circumstances and the law applying in your state or territory, certain people may have rights to make a claim against an estate.

Potential claims can involve family members, dependants or other people who have a relevant legal interest.

The rules differ between Australian jurisdictions, so appropriate legal advice can help you understand potential risks and how your estate plan may be affected.

6. Consider Your Family Circumstances

Estate planning gives you an opportunity to think carefully about your family relationships and the people you consider important.

Your wishes may involve parents, siblings, nieces and nephews, step-family, friends or other people who have played an important role in your life.

Where family circumstances are complex, it can be particularly important that your intentions are clearly documented.

7. Consider Your Assets and Ownership Structures

Your Will does not necessarily determine what happens to every asset you own.

Depending on how an asset is owned or structured, it may be dealt with separately from your estate.

This can be relevant to matters such as:

• Jointly owned property
• Superannuation
• Life insurance
• Trust interests
• Business interests
• Other assets subject to separate arrangements

Your broader estate plan should therefore consider how your assets are owned and whether your beneficiary arrangements are consistent with your overall wishes.

8. What Legacy Would You Like to Leave?

Estate planning does not have to focus solely on distributing money and property.

You may want your estate to:

• Support family members
• Help someone with education
• Contribute towards a home
• Support a charitable organisation
• Provide a meaningful gift to a friend
• Contribute to a cause that matters to you

Thinking about these objectives can help you develop an estate plan that reflects your priorities.

Review Your Will Regularly

Your circumstances can change over time.

You should consider reviewing your Will and broader estate-planning arrangements after significant events such as:

• Marriage or separation
• Changes in family relationships
• The death of a beneficiary
• Buying or selling significant assets
• Changes in financial circumstances
• Changes to your intended beneficiaries
• Moving to another Australian state or territory

Regular reviews can help ensure your estate plan continues to reflect your current wishes.

Estate Planning Without Children With Estates Now

When you do not have children, estate planning provides an opportunity to think carefully about who you want to benefit from your estate and what you want to happen to your assets over time.

Estates Now can help you understand your estate-planning options and consider the documents and arrangements that may be relevant to your circumstances.

Whether you want to provide for a partner, family members, friends, charities or other beneficiaries, obtaining appropriate legal guidance can help you put your wishes into a clear and considered estate plan.

Contact Estates Now to discuss your estate-planning needs and understand your next steps.

This article provides general information only and is not a substitute for legal advice. Estate-planning and Will requirements can differ between Australian states and territories.