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Go Your Own Way: The Legal & Emotional Weight of Disinheritance
“You can go your own way…” – Fleetwood Mac
By Jacinta Watkins | ALA Law
Disinheritance. It sounds like a bold move—and it is. Whether it’s cutting out an estranged child, a former spouse, or a family member
who “knows what they did,” it’s not as simple as crossing out a name and moving on.
In this month’s Soundtrack of Legacy, we’re tuning into Fleetwood Mac’s “Go Your Own Way” to explore the legal and emotional reality of disinheritance. Because
while you can go your own way, the fallout may follow.
Disinheritance: The Emotional Undercurrent
People disinherit for all kinds of reasons:
- Estrangement or long-term conflict
- Perceived unfairness or betrayal
- Addiction or mental health concerns
- Stronger connections with some children over others
- “They’re fine financially—they don’t need it”
But here’s the truth: what feels clear emotionally isn’t always legally sound.
In Australia, disinherited children, stepchildren, former spouses, or dependants can often challenge a will under Family Provision legislation. And unless your reasoning is well-documented, your carefully crafted plan could unravel.
The Legal Fallout of Going Solo
At ALA Law, we’ve seen it all—from carefully justified exclusions to last-minute, handwritten codicils that send families into courtroom chaos.
Disinheritance opens the door to:
- Litigation risk (hello, expensive legal fees)
- Family breakdowns that stretch across generations
- Executor stress when they’re left defending your decisions
- Delays in estate administration
Want to go your own way? That’s your right. But the legal path needs to be mapped with care.
How We Help
We work with clients to:
- Carefully document reasons for disinheritance
- Prepare supporting materials (letters of wishes, declarations)
- Explore token gifts or trust structures to minimise claims
- Identify high-risk scenarios before they escalate
We also support your team—lawyers, advisers, therapists, accountants—by helping you spot when disinheritance advice is needed. If a client says “They’ll understand” but hasn’t put pen to paper, it’s time to intervene.
The Takeaway
Disinheritance isn’t taboo—but it is technical. If you’re going to go your own way, let’s make sure you don’t walk straight into a courtroom.
Estate planning isn’t just about who gets what—it’s about making sure your reasons are respected and your legacy protected.
???? Want to go your own way? Great. Just call us before you burn the family bridge.