What Is Considered a “Fair” Inheritance in NSW?

When families think about inheritance, the word that comes up most often is “fair.” But in New South Wales, what’s fair in everyday life doesn’t always align with what’s considered fair under the law. If you’ve been left out of a will (or received less than you expected) you might wonder whether you can challenge it based on fairness alone.

The truth? Under NSW law, fairness is not the legal test. The courts look instead at whether the will makes “adequate provision” for an eligible person’s proper maintenance, education, or advancement in life - a standard set out in the Succession Act 2006 (NSW). 

This blog breaks down what “fair” really means (and doesn’t mean) in the eyes of the law, and what people in Western Sydney should know if they’re worried about their inheritance.

Fair vs Adequate: The Legal Reality

Many people assume a fair inheritance means every child gets the same share, or long‑term partners are automatically protected. But NSW courts have made it clear:

• A will does not have to be equal to be valid.
• A will does not have to feel fair to be lawful.
• The court’s job is not to rewrite a will to achieve equality or fairness.

Instead, courts intervene only if a will fails to provide “adequate provision.” This means they look at what the claimant reasonably needs, not what they believe they’re owed. “Adequate” and “fair” are not the same, and the law prioritises need, dependency, and moral obligation.

How NSW Courts Decide What’s “Adequate”

The court considers a wide range of factors when deciding if someone has been left without adequate provision. These include:

1. The claimant’s financial needs and circumstances
   Financial stress, disability, age, earning capacity, and general assets all influence whether the inheritance was adequate. Need is one of the most significant factors. 
2. The size and nature of the estate
   A large estate may justify greater provision; a smaller estate might restrict what’s feasible without disadvantaging other beneficiaries. 
3. The relationship with the deceased
   Courts weigh the closeness of the relationship and the deceased’s moral duty. A dependent adult child or long‑term partner will generally have stronger grounds than a distant relative. 
4. Contributions made by the claimant
   Financial contributions, unpaid care, renovations, or long‑term support of the deceased can all affect the outcome. Courts often recognise these as strengthening the moral obligation. 
5. Competing claims
   The needs of other beneficiaries - such as vulnerable siblings or a surviving spouse - also play a role. Courts aim to achieve a balanced outcome that meets genuine needs. 

There is no formula the court uses to calculate a “fair” amount. Each case depends entirely on individual circumstances.

Why Fair Doesn’t Mean Equal

One of the biggest misconceptions is that fairness means equality. But real cases show otherwise. Courts have repeatedly ruled that:

• Not all children must receive the same amount.
• A parent can leave more to a child with greater needs.
• Long-term partners can be favoured over adult children.
• A large gift to charity may be upheld if dependents are financially secure.

In short: inheritance fairness is not about equal shares. It’s about reasonable provision based on real-life circumstances.

What Is Considered an Unfair Inheritance?

A will may be considered unfair - or more accurately, inadequate - if:

• Someone who depended on the deceased is left without enough support.
• An eligible person (spouse, child, partner, or dependant) receives too little to meet reasonable needs.
• One beneficiary’s needs greatly outweigh others for justifiable reasons.

The legal threshold is whether the will fails to provide for proper maintenance, education, or advancement in life—not whether the outcome feels emotionally unfair

Examples That Often Raise Questions of Fairness

Based on real NSW case trends:

• Adult children receiving little or nothing
• Courts may intervene if the adult child has health issues, financial hardship, or was partially supported by the deceased. 
• Second marriages and blended families
• A surviving spouse may require housing or income support, even if stepchildren expected a larger share. 
• Long-term partners not included in the will
• De facto partners have strong rights, especially if financially interdependent. 
• Dependent grandchildren or household members
• Those who relied on the deceased may be eligible for additional provision. 

Who Can Make a Claim if an Inheritance Feels Unfair?

Under the Succession Act 2006 (NSW), “eligible persons” include:

• A spouse or de facto partner
• A child (biological or adopted)
• A former spouse
• A dependent grandchild
• A household member who was financially dependent
• Someone in a close personal relationship with the deceased

These individuals can file a Family Provision Claim within 12 months of death if they believe they were inadequately provided for.

What Should You Do If You Believe the Inheritance Isn’t Fair?

If you’re questioning whether your inheritance is fair, consider:

• Review your financial needs honestly. Is the provision enough for your reasonable future?
• Understand your relationship to the deceased. Was there a moral duty to provide for you?
• Act quickly. The 12-month deadline is strict. 
• Get legal advice by contacting our Wills and Estates team early. Family provision claims can be emotionally charged and legally complex. Having clear guidance early improves outcomes and reduces stress.

Final Thoughts: Fairness Is Personal, But the Law Has Structure

In everyday terms, fairness is subjective. But in NSW, inheritance fairness is measured through the structured legal lens of adequate provision, financial need, and moral obligation. The court’s goal isn’t to create equality—it’s to ensure no eligible person is left without reasonable support.

For families across Penrith and Western Sydney, understanding these differences can ease confusion during an emotionally difficult time.

If you're uncertain whether your inheritance is fair or what your rights are, Lamrocks Solicitors is here to help compassionately, clearly, and with over a century of local trust behind us.