On the surface, it sounds fair. Simple. Straightforward.

But those four words — “to my children equally” — can quietly cost families dearly.

What really happens when a Will says “to my children equally”

When assets pass directly to the children, they become legally theirs — often at age 18. Any income earned from those assets is simply added to their personal taxable income, often heavily taxed.

There’s no protection if one child later goes through a divorce, bankruptcy, or makes poor financial choices. The inheritance becomes exposed.

Children also don’t always need — or benefit from — an identical division. One might have health needs, another might be raising a young family, and another might already be financially independent. But a rigid “equal split” leaves no flexibility to respond to real life.

Even more worrying, assets such as superannuation or life insurance aren’t automatically covered by that wording unless the Will has been properly drafted to capture them. The result? Gaps, tax problems, and disputes that could have been avoided.

How a Testamentary Trust changes everything

A carefully drafted Will with Testamentary Discretionary Trusts changes the picture completely.

Instead of locking everything “equally” at the moment of your death, it gives trusted people flexibility to:

• Stream income in tax-effective ways

• Protect capital until children are financially mature

• Adapt to life’s inevitable changes while keeping wealth safe for the family

It’s the difference between dividing an estate and protecting one.

Equal outcomes vs equal opportunities

Ask yourself:

• Does your Will actually protect your kids, or just divide money on paper?

• Would you prefer equal outcomes… or equal opportunities with flexibility?

Estate planning isn’t about making things complicated. It’s about making sure what you’ve built truly benefits your children in the long run — no matter what life brings their way.

Next steps

If you’d like to make sure your Will actually protects — not just divides — here’s how to take the next step:

1. Download our Pricing and Packages Guide

   – understand exactly what’s included and how it all works.

2. Book a free 15-minute Legal Clarity Call

   – ask questions and get tailored guidance.

3. Start your Will online today

   – turn your wishes into a flexible, protective legacy.

Disclaimer

This article provides general information only and is not legal advice. You should seek personalised advice from a qualified estate planning professional before making decisions about your Will or testamentary trust.