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“Even in societies that promote gender equality, like Australia, experiencing exclusion within one’s own family creates a painful experience and contrast. It is not just about money or being left out of the will; it’s about the fundamental human need to be recognised, valued, and included,” says Chawla.
“When inheritance decisions reflect unequal values, they can lead to many daughters internalising the pain, especially when the decision is framed as ‘practical’ or ‘cultural’.”
“The trauma is often further compounded when women feel they can’t talk about it due to fear, shame, or to protect family ties. This silence becomes a second wound – one where they are left to carry the grief and betrayal alone.”
Contesting a will
Is there any legal recourse, then, for those who face this kind of devastating, gendered injustice?
Natalie Johnston, a lawyer at Johnstone and Reimer Lawyers who specialises in estate litigation, says the disinheritance of women is a far more common issue than people realise. Still, she says, there are options available as wills are not final – they can be contested.
“A will can be changed by agreement or a court order,” says Johnston. “An adult child of a deceased person is eligible to bring a claim under Part IV of the Administration and Probate Act 1958.”
Wills are not final and can be contested.Credit:
“The other option is to enter into a Deed of Family Arrangement. This type of deed is used to essentially change the terms of the will, particularly how assets are distributed between beneficiaries.”
However, should the involved parties fail to agree and the matter proceeds to trial, demonstrating economic hardship would be key, says Suzanne Jones, head of estate planning at Coote Family Lawyers.
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“It’s important to be able to establish some sort of financial need, as the court does not look to ‘equalise’ gifts made to siblings, or to compensate someone for poor parental behaviour, so arguments made on this basis alone may not be successful.”
As for whether it’s worth it for daughters who’ve been disinherited to pursue justice, Johnston strongly recommends that one seeks legal advice, as there is a time limit to pursue a claim for further provision from an estate.
“I always consider it worthwhile to be fully informed of your options, rather than to just, ‘accept and move on’.”
Advice given in this article is general in nature and is not intended to influence readers’ decisions about investing or financial products. They should always seek their own professional advice that takes into account their own personal circumstances before making any financial decisions.
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