Wills for couples without children

Couples without children need to think carefully about what happens after both partners die. Without explicit provisions, intestacy rules often push inheritance to parents, siblings, or more distant relatives – which may not match the couple's actual wishes.

The two-step question

For couples without children, estate planning usually involves two distinct decisions:

1. What happens when the first partner dies (usually: everything to the surviving partner)
2. What happens when the surviving partner dies (no automatic answer – the couple must decide)

Common options for the second step

Siblings and their children

Many couples direct the residuary estate to siblings, often with substitute gifts to nephews and nieces if a sibling predeceases. Testamentary trusts can be used if minor nephews/nieces are involved.

Nieces and nephews

Some couples prefer to go directly to nieces and nephews, skipping the sibling generation. This often reflects a stronger relationship with the younger generation.

Charities

Childless couples are the most common group to make substantial charitable bequests. A charity receiving the residuary estate is a common pattern. Charitable bequests are also tax-effective.

A combination

Often the best answer is a mix – specific gifts to family, a substantial charitable bequest, and a residuary split between beneficiaries.

Mutual wills

Childless couples sometimes consider mutual wills – a binding agreement that neither partner will change their will without the other's consent. This is useful where both partners want certainty about the ultimate beneficiaries.

Family provision claims

Parents, siblings, and certain other relatives can make family provision claims under SA law. While courts generally give preference to the claims of spouses and children, estranged siblings or dependent parents can still have grounds.

Superannuation and life insurance

Super and life insurance beneficiary nominations matter particularly for childless couples. The first-step nomination usually goes to the partner. The after-both-partners question is harder – super funds don't let you nominate remote beneficiaries easily. Getting the nominations into a testamentary trust can help.

International family

Childless couples often have siblings or relatives overseas. International inheritance has tax and administration complexities. A will that accounts for foreign beneficiaries can avoid unnecessary costs.

Summary

Couples without children face a two-step planning question. The answer to step two is often different for each couple – siblings, nieces and nephews, charities, or a mix. The right answer depends on relationships and priorities, not a template.

Talk to Sam about your situation

If this article raised questions for your own circumstances, Sam Michele offers free 20-minute initial consultations. Learn more about our wills service, or book a consultation.

Related reading

• How to leave a charitable gift in your will
• Mutual wills: what they are and when couples use them
• Wills – our approach