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PA LAW • GAWLER & SOUTH AUSTRALIA

One Dollar Will Myth: 5 Essential Checks in South Australia

Presented by Manal Amro, Principal Solicitor, PA Law Pty Ltd. Published 19 October 2026.

Watch: the one dollar Will myth explained

Watch the video on YouTube or read the edited transcript below.

The one dollar Will myth: what the video means

The idea sounds simple: leave a child a small amount so nobody can say you forgot them. But acknowledging someone in a Will is different from removing their ability to seek further provision. The amount of a token gift does not decide that legal question.

In this video, Manal explains why the one dollar Will myth can create false confidence. Your intentions deserve careful attention, particularly where there is estrangement, a blended family or a proposal to leave different amounts to different children. Planning starts with understanding the circumstances rather than choosing a symbolic dollar amount.

Part 6 of the Succession Act 2023 (SA) deals with family provision. Section 115 identifies eligible applicants. Section 116 addresses inadequate provision for proper maintenance, education or advancement in life and the matters the court considers. The deceased’s wishes are the court’s primary consideration, but they are not its only consideration.

A family provision claim is also different from alleging that a Will is invalid. The video concerns the risk of further provision being sought from the estate; it does not suggest that every disappointed beneficiary can overturn a Will.

5 essential checks before relying on the one dollar Will myth

1. Be clear about what you want to achieve

Tell your solicitor whether you want to exclude someone entirely, leave a smaller gift, recognise support already provided or protect another person’s needs. These are different instructions. Explain your priorities in ordinary language before deciding how the Will should be drafted.

Think about what you want to happen if a beneficiary dies before you or if the estate is worth substantially more or less than expected. A percentage gift and a fixed cash gift can produce different practical outcomes as assets change.

2. Discuss the family circumstances honestly

Bring a clear picture of the people affected by your decisions, including children from earlier relationships. Explain relevant health concerns, financial dependence, caring arrangements, contributions and the history of any estrangement. Your solicitor needs the context, not just the proposed list of beneficiaries.

Keep sensitive information for your appointment. Avoid posting personal allegations or family financial details in public comments on a video. A private discussion allows the relevant facts and supporting records to be assessed properly.

3. Record accurate reasons for unequal gifts or exclusion

Evidence of the deceased’s reasons is one of the matters the court must consider under section 116. Ask your solicitor how your reasons should be recorded, what supporting documents may help and where that information should be kept.

A letter is not a guarantee against a claim. Nor should it be treated as a substitute for a properly prepared Will. Discuss the facts carefully and review the record if circumstances change. The one dollar Will myth overlooks this wider planning work.

4. Explain previous gifts, loans and ownership arrangements

Tell your solicitor about significant financial help already given to family members. Bring available records and clarify whether money was intended as a gift or a loan. A repayment expectation should not be assumed simply because a parent remembers the transfer differently from a child.

Also identify how your assets are owned and any superannuation nominations, trusts or business interests. Your solicitor can assess how those arrangements fit with your Will. Our family gift or loan video guide explains useful questions to ask before transferring money.

5. Review the plan when circumstances change

A Will review gives you an opportunity to consider changes in relationships, assets, health and responsibilities. Bring the signed Will and any codicils instead of adding handwritten changes yourself. Explain the outcome you want and ask what risks remain after the proposed changes.

Do not replace the one dollar Will myth with another promise of a guaranteed result. Careful advice can help clarify intentions and address foreseeable difficulties, but no Will can be guaranteed to prevent a challenge.

A practical example: a token gift and unequal inheritances

Fictional example: Alex wants to leave most of an estate to one child and $1 to another. Alex believes the smaller gift will prove that both children were considered and prevent any claim.

The planning conversation should go further. Why does Alex want this division? Has either child received substantial support already? What are their circumstances? What assets will actually be in the estate? Are the reasons accurately documented?

The $1 does not answer those questions or determine whether a claim would succeed. The example illustrates the need for advice; it does not predict a court outcome. The one dollar Will myth should never be the sole basis for an estate plan.

Edited transcript of the one dollar Will video

The main spoken explanation is reproduced below with punctuation and obvious automatic-caption errors corrected for readability.

“I’ll give my child $1. That way, they can’t contest my Will.” If you’ve heard that advice before, be careful. In South Australia, giving your child a token gift does not automatically stop them making a family provision claim.

They may still ask the court for more from your estate if they believe they haven’t been adequately provided for. But making a claim doesn’t mean they’ll succeed.

Your wishes are the court’s primary consideration. Other factors include reasons behind your decision, your child’s circumstances, and their relationship with you.

So, if you’re thinking about excluding a child or leaving your children unequal amounts, don’t rely on a $1 gift to protect your wishes. Get advice about your circumstances and how to properly document your intentions.

At PA Law, we can help you prepare or review your Will, explain the potential risks and plan with your family circumstances in mind. So before you leave that dollar, have the conversation with your lawyer.

One dollar Will myth: frequently asked questions

Does leaving a child $1 stop them contesting a Will in South Australia?

No. The one dollar Will myth confuses giving someone a gift with preventing a claim. A token gift does not automatically prevent an eligible child from applying for family provision. Whether an application succeeds depends on the law and evidence.

Can an adult child make a family provision claim?

A child of the deceased is an eligible category under section 115 of the Succession Act 2023 (SA). Being an adult does not itself remove that eligibility. Eligibility to apply is separate from establishing that further provision should be ordered.

Do children have to receive equal amounts in a Will?

There is no general rule requiring equal gifts to children in a valid Will. However, unequal provision or exclusion may raise family provision issues. Discuss the reasons, each person’s circumstances and the overall estate with your solicitor.

Does estrangement automatically prevent a child from claiming?

No. Estrangement is not an automatic bar. The history of the relationship, the reasons for the separation and other relevant circumstances may need to be considered. Do not assume that a long period without contact settles the outcome.

Will a letter explaining my reasons guarantee that my wishes are followed?

No. Evidence of your reasons can matter, but a letter does not remove the court’s powers. Ask your solicitor how to record accurate, relevant reasons and where those records should be kept.

Is a family provision claim the same as saying the Will is invalid?

No. A family provision claim concerns the adequacy of provision from the estate. A challenge to validity raises different issues, such as capacity or execution. A valid Will can still be subject to a family provision application.

Can PA Law review my Will in Gawler or Adelaide?

Yes. PA Law assists clients in Gawler, Adelaide and across South Australia with preparing and reviewing Wills. Bring your existing documents and explain any proposed exclusion, unequal gifts, family concerns or interstate connections.

What to bring to a Will review

Prepare a short list before your appointment. You do not need to settle every decision in advance; the purpose of the discussion is to work through your intentions and identify issues that need advice.

• Your existing Will and any codicils, including where the originals are stored.
• The names of intended beneficiaries, executors and anyone you propose to exclude.
• A broad list of assets, debts and ownership arrangements.
• Records of significant family gifts or loans.
• Your reasons for unequal gifts and any documents that explain the circumstances.
• Questions about future changes, alternative beneficiaries and the scope and cost of the work.

Read the broader planning guide

For related questions about unequal gifts, estrangement, previous financial support, blended families and what to do after a death, read Leaving a Child Out of Your Will in SA: 7 Essential Checks.

Legal sources and further reading

Sources checked on 19 October 2026. This guide discusses South Australian law. Interstate assets, an earlier death or other circumstances can require different advice.

• Succession Act 2023 (SA), particularly Part 6 and sections 115–116.
• Legal Services Commission SA: inadequate provision.
• Browse all PA Law legal video guides.

General information only, not legal advice. The appropriate arrangements depend on your documents, assets and family circumstances. Obtain advice tailored to your situation before making or changing your Will.