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ARTICLE · 10 MAY 2023

It Depends – Can I exclude someone from my Will?

Cooper Grace Ward
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You can definitely exclude someone from your Will, but they may challenge its validity or file a claim for provision.

AustraliaFamily and Matrimonial

In this edition of 'It depends', associate Sarah Camm talks about whether and how you can exclude someone from your Will.

Video transcript

Hi and welcome to this week's episode of It Depends. This week we're going to be talking about whether and how you can exclude someone from your Will.

Can I exclude someone from my Will?

Yes, there is no law in Queensland which dictates who you need to provide for in your Will. It's your document. You can do what you like with it.

How do I exclude someone from my Will? Do I need to say that they are specially excluded?

The simple answer is, if you don't want someone to receive a gift in your Will, don't give them anything in your Will. For example, you might leave everything to your children, which excludes your spouse, but sometimes you might need to go further than that. You might need to add a clause, for example, that says the gift to your children is still valid even if you marry your spouse. Or you might

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Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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