Can A Former De Facto Partner Impact My Will?
In Estate Planning, relationships like former de facto partnerships can have a big impact on Wills.
Some people think only marriage matters for Wills and Estates, but the truth is more complicated than that.
Ending a de facto relationship can impact your Estate Planning, affecting Will provisions and potential challenges from ex-partners.
To navigate these intricate legal waters, seek guidance from Direct Lawyers’ experienced Wills and Estates Lawyers in Brisbane. Our Mobile Lawyers can come to you!
Understanding how de facto relationships can impact Wills
A de facto relationship is defined as a domestic partnership between two individuals who live together in a genuine relationship but are not married.
Unlike marriage, there is no formal ceremony or registration required to establish a de facto relationship.
Instead, the relationship is determined based on various factors. This includes the duration of cohabitation, financial interdependence, and the presence of shared responsibilities.
Laws about de facto relationships differ by location, with each state or territory having its own rules for these unions.
The impact the end of a de facto relationship has on Wills
One of the most significant aspects of Estate Planning affected by the end of a de facto relationship is the validity of existing Will provisions.
The Succession Act 1981 (Qld) outlines the legal consequences of the termination of a de facto relationship on Wills. Following amendments introduced in June 2017, the cessation of a de facto relationship is treated similarly to divorce concerning Wills.
Under section 15B of the Act, unless expressly stated otherwise in the Will, the termination of a de facto relationship results in the automatic revocation of certain provisions.
These include:
● Any distribution to a former de facto partner
● Appointments of the former partner as executor, trustee, or guardian
● Grants of power of appointment in favour of the former partner
What do I do if my relationship status changes?
Given the potential ramifications of relationship changes on Estate Planning, individuals must review and update their Wills accordingly.
Failing to do so can result in unintended consequences. This may include assets being distributed in a manner inconsistent with one's wishes or former partners benefiting unintentionally.
Updating your Will after the end of a de facto relationship ensures that your Estate Plan accurately reflects your current circumstances and preferences.
A knowledgeable Wills and Estates Lawyer can help you navigate the complexities of Estate Planning. We can assist you in making informed decisions to protect your assets and legacy.
Can a former de facto partner make a claim against the Estate?
While the automatic revocation of certain provisions may limit the impact of a former de facto partner on your Will, it does not preclude them from making claims against your Estate under certain circumstances.
If you end your relationship, your partner can still make claims on your Estate.
Some parts of your Will may be automatically cancelled, but your former partner still has the option to pursue claims through the appropriate legal channels.
In Queensland, the Succession Act provides avenues for eligible individuals, including spouses, children, and dependents, to contest a Will if they believe they need to be adequately provided for.
While former de facto partners are not expressly listed as eligible applicants, the Act acknowledges the possibility of certain dependents being eligible persons.
A dependent is defined as a person who was wholly or substantially maintained or supported by the deceased at the time of their death.
This broad definition encompasses individuals who may have been financially reliant on the deceased, including former de facto partners.
How we can help you navigate complex Estate matters
It's important to get professional help when dealing with how ex-partners affect Wills. Legal details can be complex.
Our experienced Wills and Estates Lawyers possess the expertise to interpret relevant legislation, assess individual circumstances, and develop tailored Estate planning strategies.
Direct Lawyers offers comprehensive legal services to assist individuals in safeguarding their assets and ensuring their testamentary wishes are fulfilled.
From drafting and updating Wills to advice about managing your Wills and Estates, our skilled professionals play a vital role in helping clients navigate the complexities of Estate Planning.
The impact of former de facto partners on Wills is a multifaceted issue. It requires careful consideration and proactive Estate Planning.
The termination of a de facto relationship may automatically revoke certain provisions in a Will. Your Estate Plan needs to be reviewed and updated to reflect your current circumstances and preferences.
Need advice on how your relationships may impact your Will? Book a consultation with Direct Lawyers today!
Seek guidance and update your Will with our experienced Wills and Estates
Lawyers. Ensuring your assets are safeguarded and your legacy is protected.
Get in touch with Direct Lawyers today. Call our friendly experts on (07) 3703 1888 or schedule a consultation to secure your future.
FAQs
1. What constitutes a de facto relationship?
A de facto relationship involves a couple living together in a genuine domestic relationship.
For the purposes of the Succession Act, this relationship needs to be at least 2 years. This is regardless of their gender or marital status.
2. What happens if I separate from my de facto partner?
Separating from a de facto partner has similar implications as a divorce on a Will. Certain provisions in the Will concerning the former partner may be automatically revoked.
3. Can my former de facto partner make a claim against my Estate?
Generally, a former de facto partner cannot bring a family provision application against your Estate after separation. However, certain dependents of the deceased may still be eligible to make a claim.
4. Is there a difference between a de facto partner and a civil partner?
While a registered de facto relationship results in a civil partnership, it's not equivalent to being legally married. However, a dependent former civil partner is considered an eligible person to make a claim against your Estate.
5. Can my de facto (or civil) partner’s children contest my Will?
If your partner has children from a previous relationship, they may be able to challenge your Will. This is especially true if they can prove the relationship. Stepchildren have the legal right to contest a Will under certain circumstances. It is important to consider this possibility when creating your Estate Plan.
6. What should I do if my relationship status changes?
It's crucial to seek advice on how changes in your relationship status may affect your Will. Updating your Estate plan can minimise the potential for disputes and claims to your Estate.