At Hill Legal, one of the most common concerns we hear from clients is:

“If I choose not to leave anything to my adult children, can they challenge my will?”

A recent decision from the Supreme Court of Tasmania provides a clear and reassuring answer — and highlights why thoughtful estate planning remains essential.

A Snapshot of the Case

In Smith, Smith and Burke v Flint [2026] TASSC 2, three adult children brought claims against their parent’s estate, arguing that the will failed to make proper provision for them.

However, their circumstances were important:

• Each of the children was financially independent
• None were dependants of the deceased
• They had been estranged from the deceased for a significant period

The estate itself was relatively modest, with its primary asset being a residential property that had been left to the executor and main beneficiary.

Despite this, the applicants sought a share of the estate through a family provision claim.

The Court’s Outcome

The Court dismissed all three claims.

No additional provision was awarded to any of the applicants.

Notably, the claims failed at an early stage — meaning the Court did not even need to consider how much (if anything) should have been provided.

Why This Decision Is So Important

From Hill Legal’s perspective, this case addresses several widespread misconceptions about estate disputes:

Adult children do not have an automatic right to inherit

A will is not simply undone because someone feels excluded. To succeed, a claimant must demonstrate genuine need or that the will-maker failed to meet a moral obligation.

Financial independence carries significant weight

Where adult children are capable of supporting themselves, courts are generally reluctant to intervene.

Estrangement matters — but it’s not the only factor

While estrangement alone is not decisive, it provides important context. The Court recognised that a will-maker is entitled to reflect real-life relationships in their estate planning.

The size of the estate is highly relevant

In smaller estates, courts are cautious about redistributing assets unless there is a strong justification to do so.

Testamentary freedom still matters

A well-structured and rational will — one that aligns with the circumstances of the deceased — will usually be upheld.

Hill Legal’s Perspective on Estate Planning

This decision reinforces a key message we emphasise at Hill Legal:

Estate planning is not just about drafting a document — it’s about creating a clear, considered strategy that reflects your relationships, intentions, and circumstances.

Importantly, the risk of family provision claims can be managed. It is not something clients need to fear — but it does need to be addressed properly.

For our clients, that means:

• Taking the time to understand family dynamics early
• Clearly documenting intentions and reasoning
• Structuring wills in a way that is both practical and legally robust

The Takeaway

This case is a strong reminder that adult children cannot rely on assumptions when challenging a will. Courts require evidence — not expectation.

At the same time, it highlights the importance of getting your estate plan right the first time, to minimise the risk of disputes and ensure your wishes are respected.

Need Guidance on Your Estate Plan?

Whether you are navigating complex family relationships, considering excluding a beneficiary, or simply want peace of mind that your will is legally sound, the team at Hill Legal is here to help.

Contact Hill Legal today on 03 5976 6500 to discuss your estate planning needs and ensure your wishes are protected with clarity and confidence.