How can I make sure my money goes only to my children?
It's one of the most common questions we hear, especially from parents in second marriages. The short answer: in Victoria a Will alone often isn't enough. Here's why, and what families do about it.
At a glance
Your Will only covers your estate
Super, jointly owned property and family trust assets usually pass outside your Will.
Your Will can be challenged
A partner, stepchildren and others can ask the court for a share of your estate.
Your partner can change their Will
Anything you leave your partner outright is theirs to leave to whoever they choose.
What doesn't follow your Will
- Superannuation. Paid by the fund's trustee under the fund's deed and any death benefit nomination. It only reaches your estate if it is paid to your executor.
- Jointly owned property. Property held as joint tenants passes automatically to the surviving owner, whatever your Will says.
- Family trust assets. They belong to the trust. Who controls them after you die is decided by the trust deed, usually through the appointor.
- Life insurance. A policy held inside super, or owned by someone else, is paid under those arrangements, not your Will.
Who can challenge your Will in Victoria
The people who can apply (called eligible persons) include:
- your spouse or domestic partner at the time of your death
- your children and stepchildren, including adult children
- in some cases a former spouse or partner whose property settlement had not been finalised
- a registered caring partner, grandchildren, and members of your household — but only if they were wholly or partly dependent on you
The court can make an order only if you had a moral duty to provide for the person and your estate fails to make adequate provision for their proper maintenance and support. An application must generally be made within 6 months of the grant of probate.
Blended families: the second-marriage problem
A common plan is "everything to each other, then to all our children". It works only if the surviving partner never changes their Will. After the first death, the survivor is free to remarry, make a new Will, or leave everything to their own children. Nothing in a standard Will prevents it.
Stepchildren can also be eligible to claim against your estate, and your children may be able to claim against your partner's. Planning for this before it happens is far cheaper than defending a claim afterwards.
Options families use
| Option | What it does | Consequences to weigh |
|---|---|---|
| Testamentary trust | Your Will leaves assets to a trust for each child instead of to them outright. | Keeps the inheritance separate from the child's own assets. Income paid to minor beneficiaries can be taxed at adult rates. The trust needs a trustee and controller you trust, and drafting matters. |
| Life interest or right to reside | Your partner can live in the home, or receive income, for life. On their death the asset passes to your children. | Gives your partner security without giving them the power to redirect the asset. Can cause friction if the home needs to be sold or maintained. |
| Mutual Wills agreement | You and your partner agree in writing not to change your Wills after the first death. | Can be enforced by the children, but only through court proceedings. It does not stop a family provision claim. |
| Super nominations or an SMSF Will | Directs your super to your children or your estate, instead of leaving it to the fund trustee. | Adult children who aren't your tax dependants can pay tax on the taxable part of a super death benefit. Nominations must be valid when you die. |
| Change how property is owned | Converts joint tenancy (which passes automatically to the other owner) to tenants in common, so your share follows your Will. | Your share then becomes part of your estate, so it can be the subject of a family provision claim. Check stamp duty and tax before changing title. |
| Trust deed succession | Names who controls your family trust (usually the appointor) after you. | Without it, control of trust assets may pass to someone you didn't choose. The deed decides this, not your Will. |
No single option suits every family, and most plans combine several. Which ones fit depends on your assets, your family and how each is owned.
Where to start
Start by finding out which of your assets your Will actually controls, and where your family is exposed to a claim. The free Family Wealth Stress Test takes about 10 minutes and covers both.
Take the free Stress Test Book a free review
General information only, current at 17 October 2026 and based on Victorian law. Other states differ, notably NSW. It is not legal, tax or financial product advice and does not take your circumstances into account. Legal documents should be prepared by a lawyer; we work with LY Legal. Mastin Harris Family Wealth Protection is not licensed to provide financial product advice under the Corporations Act 2001. You should consider obtaining advice from an Australian financial services licensee before making any decision about a financial product.
Source: Administration and Probate Act 1958 (Vic) ss 90 (definition of eligible person), 91 and 99, version 130 incorporating amendments as at 22 October 2025.