Updated 23 October 2026
Wills - Potential Problem #17: Naming Only One Beneficiary
Yes. A NSW will can leave your entire net estate to one beneficiary. You do not need to divide it between several people simply to make the will valid. The important questions are whether the document gives that person everything you intend, whether the assets actually pass under your will, and what happens if the person cannot inherit. Family provision claims and other enforceable rights also need consideration.
1. Make the gift cover the whole estate
Identify the intended beneficiary clearly, using their full name and sufficient identifying details. If your intention is an outright gift of everything, the drafting should dispose of the whole estate available for distribution, including the residue. Listing a house and one bank account may leave other property undisposed of.
The residue is what remains after liabilities, administration expenses and any other gifts are dealt with. A comprehensive residuary gift can capture assets acquired later and property not individually listed. Check that other clauses do not give particular items or shares to someone else contrary to your intention.
Explain whether the person should own the inheritance outright or only benefit during their lifetime. A right to live in a property, a life interest and an absolute gift have different consequences. Leaving everything outright usually means the recipient can later sell, spend or leave it to someone else.
2. Check which assets the will can control
Your sole beneficiary under the will may not receive everything associated with your finances. The NSW Government’s wills guidance explains that jointly owned property, superannuation and assets held through other structures require separate examination.
Property held as joint tenants generally passes to the surviving joint owner. A tenant in common’s share generally passes through their estate. Company assets belong to the company, although your shares may form part of your estate. Trust assets depend on the trust arrangements. Check ownership documents before assuming a will can redirect these assets.
Superannuation does not automatically follow your will. ASIC’s Moneysmart guidance explains nominations to eligible people or your legal personal representative. A valid binding nomination to your legal personal representative can direct benefits into your estate for administration under the will. That means payment in the representative’s estate role, not a personal gift to the executor. Check fund requirements, expiry and tax implications, and review insurance separately.
3. Record an independent decision in a valid will
The person making the will must have testamentary capacity, know and approve its contents, and act freely. The decision should come from you, even if the intended beneficiary helps arrange an appointment. Give your instructions privately so your lawyer can understand your intentions and identify any pressure or misunderstanding.
Ordinary execution requirements under section 6 of the Succession Act 2006 include a written will, your signature or acknowledgement before two witnesses present together, and their attestation in your presence. Your solicitor should arrange proper execution for your circumstances.
Use independent witnesses who do not benefit under the will. Under section 10, a gift to an attesting beneficiary can be void unless an exception applies, even where the rest of the will remains valid. Do not rely on being able to repair that problem after death. Keep the signed original safely and tell your executor where it is held.
4. Include backups without diluting the primary gift
A substitute beneficiary receives the gift only if the specified contingency occurs. Naming one does not require your preferred person to share while they qualify to receive it. Draft the trigger clearly: death before you, failure to survive the required period, or another specified inability to take the gift.
Under section 35 of the Succession Act, a beneficiary who dies within 30 days after you is generally treated as having died before you, subject to the will’s wording. A will can address a different survival period. This matters where both people die close together.
Section 41 can preserve certain gifts to your child or another descendant for their surviving descendants, subject to its conditions and the will. It does not generally rescue a gift to a sibling or friend. A simple survival requirement is not necessarily enough to exclude that statutory rule. Have the substitution wording checked rather than assuming who inherits.
Also consider an ultimate beneficiary if every earlier gift fails. Without an effective gift or applicable statutory saving rule, all or part of the estate may pass under intestacy. That does not automatically invalidate the entire will. Conversely, if the primary beneficiary survives the required period and becomes absolutely entitled but dies before payment, the entitlement generally passes into their own estate.
5. Appoint an executor and a substitute
Your sole beneficiary can also be your executor. The Supreme Court’s probate guidance expressly contemplates this arrangement. However, naming someone executor does not itself make them a beneficiary; the gift must be separately and clearly expressed.
Name a substitute executor for death, incapacity or unwillingness to act. Their role is to administer the estate, not automatically inherit it. Being the only beneficiary also does not remove the need to deal with debts, tax, records and any required grant. If nobody appointed can act, administration with the will annexed may be needed.
6. Assess the risk of a family provision claim
NSW does not require every child or relative to receive an equal share under a will. Nevertheless, an eligible person may seek provision under Chapter 3 of the Succession Act. Eligible categories include spouses, de facto partners and children, with additional categories subject to their statutory requirements.
Eligibility alone does not establish a right to payment. The court considers whether adequate provision has been made for the applicant’s proper maintenance, education or advancement in life, and whether an order should be made. Relevant matters include needs, relationships, contributions and the competing beneficiary’s circumstances. Legal Aid NSW explains family provision claims.
Discuss excluded people and your reasons with your solicitor. Accurate supporting records may help explain the decision, but a statement of reasons or token gift does not prevent a claim. Some property outside the estate can also be affected by NSW notional estate provisions. No wording can guarantee that your chosen beneficiary will receive everything regardless of enforceable claims.
7. An example of one beneficiary with effective contingencies
This hypothetical example illustrates drafting choices; it is not a reported case or a CM Lawyers client matter.
Helen wants her sister Maria to receive her entire net estate outright if Maria survives the required period. Helen also chooses her niece as substitute beneficiary and a named charity as the final fallback. Maria is appointed executor, with another adult nominated to act if Maria cannot.
If Maria qualifies under the will, the substitute gifts do not reduce her entitlement. If Maria dies before Helen, the niece can take under the express substitute gift, subject to its conditions. The substitute executor appointment answers a different question: who will administer the estate. Helen also checks her super nomination and property ownership so those arrangements support her plan.
8. Keep the plan aligned with your circumstances
Review the will after your marriage, divorce or separation, a beneficiary’s death, significant asset changes or a change in financial dependence. Marriage can revoke a will subject to statutory exceptions, and divorce can affect gifts and appointments. Obtain advice promptly rather than assuming the original sole-beneficiary arrangement continues unchanged.
If the intended beneficiary is a minor or needs assistance managing money, consider appropriate trustee arrangements and the timing of entitlement. You can still intend one person to benefit while providing for someone else to manage the inheritance. Keep an updated asset and liability list so the executor can identify what must be administered.
CM Lawyers can review your will and estate plan to check the sole-beneficiary gift, substitute appointments and related ownership arrangements. Contact our Marrickville team to discuss leaving your estate to one person.
This article provides general information about NSW law. Advice should address your assets, family circumstances and intended beneficiaries.
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